Correspondence in relation to the potential exclusion for the Deposit Return Scheme from the UK Internal Market Act since April 2021: EIR Review

Information requested

Original request (202300354177)

Under Freedom of Information legislation I would be grateful if I could receive a copy of all correspondence between the Scottish and UK Governments in relation to the potential exclusion for the Deposit Return Scheme from the UK Internal Market Act since April 2021.

Response

Further to our letter of 12 September 2023, I have now completed a review of our response to your request under the Environmental Information (Scotland) Regulations 2004 (EIRs).

Your request
“Under Freedom of Information legislation I would be grateful if I could receive a copy of all correspondence between the Scottish and UK Governments in relation to the potential exclusion for the Deposit Return Scheme from the UK Internal Market Act since April 2021.”

Your request for review
“I would like to request a review into this response on the basis that the exemption process is of significant public interest and has been discussed widely in Parliamentary debates and the media. To aid transparency and inform public debate I believe that the exemption 10(5)(f) (third party interests) and the exemption 10(4) (d) (material in the course of completion, unfinished documents, or incomplete data) should not apply in this case. Furthermore I believe that information redacted for being considered out of scope should be provided.”

Review outcome

I have concluded that the original decision should be partially modified.

In conducting my review, I have reconsidered the information previously withheld, revisiting the application of the exception and the public interest test in each instance. As you did not express any dissatisfaction with the application of regulation 11(2) (personal information) in your request for review I have not considered information previously withheld under this exception.

I have determined that some of the information previously redacted as out of scope can be disclosed. I have enclosed a copy of this information in Annex B to this letter.

I have determined that some of the information previously withheld under regulation 10(5)(f) can now be disclosed. I have enclosed a copy of this information in Annex B to this letter.

I am, however, satisfied that some of the information previously withheld under regulation 10(5)(f) would remain exempt from disclosure under this exception. I have set out further reasoning for my conclusion in
Annex A to this letter.

I have also determined that regulation 10(5)(f) was referenced in your response to some information in error as the information was withheld under 10(4)(e) (internal communications). I apologise for this oversight. I
have set out further reasoning for my conclusion in Annex A to this letter.

The original response informed you that we were unable to provide some of the information you requested because regulation 10(4)(d) (material in the course of completion, unfinished documents, or incomplete data) of the EIRs applied to that information. On review, I have determined that the majority of this information can now be disclosed. I have enclosed a copy of this information in Annex B to this letter. A small portion of the information remains exempt from disclosure under regulation 10(4)(e) and 10(5)(f).

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 202300374939 - Information Released - Annex A and B

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