Bathing water status awards: EIR release
Information request and response under the Environmental Information (Scotland) Regulations 2004
Information requested
Please share any internal/external communications made in the last 12 months which relate to the government's policy to only award bathing water status to sites that have had 150 daily visitors.
Please also advise whether any changes to the policy have occurred over the same time period, and please state the reasons for any changes.
Response
In response to the first part of your request, regarding communications relating to the Scottish Government policy for bathing water designation in the last 12 months, I enclose a copy of some of the information you have requested in Annex A to this letter.
In reviewing the information some elements have been redacted as they fall under an exemption under regulation 11 (personal information) of the Environmental Information (Scotland) Regulations 2004 (EIRs). While our aim is to provide information whenever possible, in this instance we are also unable to provide some of the information you have requested because exceptions under regulation 10(4)(e) (internal communications) and regulation 10(5)(d) (confidentiality of proceedings) of the EIRs apply to that information. The reasons why those exceptions apply are explained in Annex B to this letter.
In response to the second part of your request, while our aim is to provide information whenever possible, in this instance the Scottish Government does not have the information you have requested as, while there have been clarifications to applications forms and guidance, there have been no changes to the Scottish Government Policy regarding bathing water designation in the period you have requested. Therefore we are refusing this part of your request under the exception at regulation 10(4) (a) (information not held) of the EIRs. Under the terms of the exception at regulation 10(4)(a) (information not held) of the EIRs, the Scottish Government is not required to provide information which it does not have. The Scottish Government does not have the information you have requested because having conducted reasonable and proportionate searches we have not identified any records within the scope of your request.
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. While we recognise that there may be some public interest in information if there had been any changes to the policy, clearly we cannot provide information which we do not hold.
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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