Correspondence with Angus council relating to Storm Babet: EIR release
Information request and response under the Environmental Information (Scotland) Regulations 2004
Information requested
All correspondence held by your organisation in respect of Storm Babet held between your own employees and ministers and in correspondence with Angus Council or any other agencies or utility companies between 20th October 2023 and 11th December 2023.
Response
As the information you have requested is ‘environmental information’ for the purposes of the Environmental Information (Scotland) Regulations 2004 (EIRs), we are required to deal with your request under those Regulations. We are applying the exception at section 39(2) of the Freedom of Information (Scotland) Act 2002 (FOISA), so that we do not also have to deal with your request under FOISA.
This exception is subject to the ‘public interest test’. Therefore, taking account of all the circumstances of this case, we have considered if the public interest in disclosing the information outweighs the public interest in applying the exception. We have found that, on balance, the public interest lies in favour of upholding the exception, because there is no public interest in dealing with the same request under two different regimes. This is essentially a technical point and has no material effect on the outcome of your request.
Response to your request
I refer to my letter dated 19 December 2023 asking you to clarify your request under the Environmental Information (Scotland) Regulations 2004 (EIRs) in terms of which agencies you are referring to (such as, other government agencies, for example).
As I have not received a response to said letter I have responded to your request based on the information provided in your original correspondence.
I have included copies of the information you have requested in Annex B.
On reviewing materials within the scope of your request, exceptions have been applied in line with the EIRs. The exceptions applied can be found in Annex A.
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.
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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