Correspondence regarding Scotland offshore wind potential: EIR Review

Information request and response under the Environmental Information (Scotland) Regulations 2004


Information requested

Original request - 202300356373

In November 2022 the Scottish Government announced that it would be updating the discredited statistic that Scotland has 25% of Europe’s offshore wind potential. Please provide:

1. All internal Scottish Government correspondence (8th November 2022 - date) related to the updating of the statistic, including between Ministers, Civil Servants, Special Advisers, Press Officers, and external parties.

2. Any scoping documents produced by the Scottish Government discussing the parameters and assumptions underpinning an updated statistic.

3. The identity (or position) of the person or organisation undertaking the work to update the statistic.

4. The timetable for when the updated statistic is expected to be published, and any progress reports on the status of the work.

In addition to answering the same questions as the previous FOI response, I would like to ask the following additional questions:

(i) Since 8th November 2022, how many civil servants, special advisers, and press officers have worked on updating the discredited statistic that Scotland has 25% of Europe’s offshore wind potential?

(ii) Can you list the names (or positions) of all the civil servants, special advisers, and press officers who have worked on updating the statistic. Scottish Ministers, special advisers and the Permanent Secretary are covered by the terms of the Lobbying (Scotland) Act 2016. See www.lobbying.scot St Andrew's House, Regent Road, Edinburgh EH1 3DG www.gov.scot

(iii) Can you provide the range of figures which have emerged as possible updates to thediscredited statistic? ie the minimum discussed figure to the maximum discussed figure.

Response

I have now completed my review of our response to your request under the Environmental Information (Scotland) Regulations 2004 (EIRs). 

"This is a follow up request to a previous FOI response. Your ref: 202300356373 Please can the same questions answered in the above referenced FOI response be answered again, and brought fully up to date. In other words, answered for the period 12th May 2023 - date.

In addition to answering the same questions as the previous FOI response, I would like to ask the following additional questions:

(i) Since 8th November 2022, how many civil servants, special advisers, and press officers have worked on updating the discredited statistic that Scotland has 25% of Europe’s offshore wind potential?

(ii) Can you list the names (or positions) of all the civil servants, special advisers, and press officers who have worked on updating the statistic. Scottish Ministers, special advisers and the Permanent Secretary are covered by the terms of the Lobbying (Scotland) Act 2016. See www.lobbying.scot St Andrew's House, Regent Road, Edinburgh EH1 3DG www.gov.scot

(iii) Can you provide the range of figures which have emerged as possible updates to the discredited statistic? ie the minimum discussed figure to the maximum discussed figure."

The previous request was referenced in your request: "In November 2022 the Scottish Government announced that it would be updating the discredited statistic that Scotland has 25% of Europe’s offshore wind potential. Please provide:

(1.) All internal Scottish Government correspondence (8th November 2022 - date) related to the updating of the statistic, including between Ministers, Civil Servants, Special Advisers, Press Officers, and external parties.

(2.) Any scoping documents produced by the Scottish Government discussing the parameters and assumptions underpinning an updated statistic.

(3.) The identity (or position) of the person or organisation undertaking the work to update the statistic.

(4.) The timetable for when the updated statistic is expected to be published, and any progress reports on the status of the work."

You asked for a review of this response on the grounds that none of the redactions under regulation 10(4)(e) of the EIRs (internal communications) are justifiable.

I have concluded that the original decision should be confirmed with modifications.

During my review of this case, I have found that the information released contained duplicates of emails and an inconsistent approach was taken to redacting some information in the documents released as part of the response to your request. Some information was redacted that was released elsewhere in the documents and the duplicated emails added to a lack of clarity. I apologise for this, and I have rationalised the information ensuring that duplicates are removed where possible and that one version of each email chain is released with all information that should be disclosed made available.

I have considered the exception applied to some of the information under regulation 10(4)(e) of the EIRs (internal communications) and the application of the public interest test. I have concluded that the public interest lies in the release of some of the information previously withheld. 

However, for the remainder of the information withheld under 10(4)(e), I conclude that, on balance, the public interest lies in favour of upholding the exception. Whilst there is a public interest in disclosing information as part of open, transparent and accountable government, and to inform public debate, there is a greater public interest in allowing a private space within which officials can provide free and frank advice and views to Ministers. It is clearly in the public interest that Ministers can properly provide sound information to Parliament (to which they are accountable), and robustly defend the Government’s decisions. They need full and candid advice from officials to enable them to do so. Disclosure of this type of information could lead to a reduction in the comprehensiveness and frankness of such advice and views in the future, which would not be in the public interest. 

I enclose revised versions of the documents previously provided, releasing the additional information.

About FOI

The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at http://www.gov.scot/foi-responses.

EIR - 202300387044 - Information released - Annex A
EIR - 202300387044 - Information released - Annex B

Contact

Please quote the FOI reference
Central Enquiry Unit
Email: ceu@gov.scot
Phone: 0300 244 4000

The Scottish Government
St Andrews House
Regent Road
Edinburgh
EH1 3DG

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