Scottish and Southern Energy (SSE), Equinor, Ian Wood and True North correspondence: EIR release

Information requested

Any documentation relevant to the following meetings between the Scottish Government and SSE, Equnior, Ian Wood and True North in 2022-2024.

I request copies of attendance, topics discussed and any agreed actions.

[Date / location / company / Minister / Where meeting was identified]

1) 07/10/2022, SNP Party Conference 2022 at The Event Complex Aberdeen (TECA), Meeting between SSE and Richard Lochhead MSP (Minister for Just Transition, Employment and Fair Work), Source: Lobbying Register.

2) 10/10/2022, Unknown location, Meeting between SSE and Richard Lochhead MSP (Minister for Just Transition, Employment and Fair Work), Source: Ministerial Diaries.

3) 28/10/2022, 112 Church Street, Inverness, Meeting between Equinor and Fergus Ewing MSP, Source: Lobbying Register.

4) 03/11/2022, COP27, Blue Zone, Sharm El-Sheikh, Meeting between SSE and Liz Lloyd (Special Adviser), Source: Lobbying Register.

5) 24/11/2022, Japan, South Korea, Meeting between SSE and Michael Matheson MSP (Cabinet Secretary for Net Zero, Energy and Transport), Source: Ministerial Diaries.

6) 01/12/2022, Unknown location, Meeting between SSE and Ivan McKee MSP (Minister for Business, Trade, Tourism and Enterprise), Source: Ministerial Diaries.

7) 16/12/2022, 7 Castle Street, Edinburgh, Meeting between SSE and Angus Robertson MSP (Cabinet Secretary for the Constitution, External Affairs and Culture), Source: Lobbying Register.

8) 02/02/2023, Video conference, Meeting between SSE and Michael Matheson MSP (Cabinet Secretary for Net Zero, Energy and Transport), Source: Ministerial Diaries.

9) 09/03/2023, Video conference, Meeting between SSE and Michael Matheson MSP (Cabinet Secretary for Net Zero, Energy and Transport), Source: Ministerial Diaries.

10) 05/04/2023, Port of Aberdeen, Meeting between Ian Wood and Humza Yousaf MSP (First Minister), Source: Press story.

11) 26/04/2023, Japan, Meeting between SSE and Neil Gray MSP (Cabinet Secretary for Wellbeing Economy Fair Work and Energy), Source: Ministerial Diaries.

12) 24/05/2023, Spain, Meeting between SSE and Richard Lochhead MSP (Minister for Small Business, Innovation and Trade), Source: Ministerial Diaries.

13) 30/05/2023, Video conference, Meeting between SSE and Gillian Martin MSP (Minister for Energy), Source: Ministerial Diaries.

14) 30/05/2023, Edinburgh, Meeting between SSE and Neil Gray MSP (Cabinet Secretary for Wellbeing Economy, Fair Work and Energy), Source: Ministerial Diaries.

15) 18/07/2023, Peterhead Power Station, Meeting between SSE and Humza Yousaf MSP (First Minister), Source: Press story.

16) 07/09/2023, Aberdeen, Meeting between True North and Humza Yousaf MSP (First Minister), Source: Press story.

17) 01/02/2024, Murrayfield, speaking engagement sponsored by Peterhead Carbon Capture Power Station with Neil Gray MSP (Cabinet Secretary for Wellbeing Economy, Fair Work and Energy), Source: Press story.

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 exemption 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 exemption 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 exemption. We have found that, on balance, the public interest lies in favour of upholding the exemption, 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.

Meetings 5 and 8-14

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.

Meetings 1, 3 and 7

While our aim is to provide information whenever possible, in this instance the Scottish Government does not hold the information you have requested as these meetings were not held in the context of Scottish Government business, rather, these were held in both Mr Lochhead’s and Mr Ewing’s respective capacities as Members of the Scottish Parliament.

Therefore, this is a formal notice under Regulation 10(4)(a) of the EIRs confirming that the Scottish Government does not hold this information.

This exception is subject to the ‘public interest test’. It is important to note that although we do not hold the information and have applied Regulation 10(4)(a) – information not held, it is a requirement that we have to apply the public interest test.

Under regulation 5(1) of the EIRs, a Scottish public authority that holds environmental information must make it available when requested to do so. This duty is not absolute. In some cases, information is excepted from disclosure, under regulations 10 and 11 of the EIRs. However, all of the exceptions in regulation 10 (and parts of regulation 11) are subject to a public interest test. To clarify, even though we do not hold the information, because we are using EIRs Exception 10(4)(a) in response to your request, we are required to apply a public interest test.

Guidance can be found in the Key Concepts section under ‘Information Not Held’ and ‘The Public Interest Test’ in the attached Scottish Information Commissioner Briefings and Guidance document.

Further guidance on the public interest test can also be found on page 8 of the Scottish Information Commissioner guidance.

Meetings 2, 4, 6, 15 and 17

While our aim is to provide information whenever possible, in this instance the Scottish Government does not hold the information you have requested as we have been unable to locate records relating to the above noted meetings which would provide the specific information sought in your request, namely the attendees, topics discussed and any agreed actions.

It may help if I explain that as part of the response to your request we have conducted a search of the Scottish Government’s main records filing system and have been unable to locate the information requested. I would also note that a search request was submitted to Scottish Government Officials which also resulted in no information being identified that would be in scope of your request.

Therefore, this is a formal notice under Regulation 10(4)(a) of the EIRs confirming that the Scottish Government does not hold this information.

This exception is subject to the ‘public interest test’. It is important to note that although we do not hold the information and have applied Regulation 10(4)(a) – information not held, it is a requirement that we have to apply the public interest test.

Under regulation 5(1) of the EIRs, a Scottish public authority that holds environmental information must make it available when requested to do so. This duty is not absolute. In some cases, information is excepted from disclosure, under regulations 10 and 11 of the EIRs. However, all of the exceptions in regulation 10 (and parts of regulation 11) are subject to a public interest test. To clarify, even though we do not hold the information, because we are using EIRs Exception 10(4)(a) in response to your request, we are required to apply a public interest test.

Guidance can be found in the Key Concepts section under ‘Information Not Held’ and ‘The Public Interest Test’ in the attached Scottish Information Commissioner Briefings and Guidance document.

Further guidance on the public interest test can also be found on page 8 of the Scottish Information Commissioner guidance.

Meeting 16

Under regulation 6(1)(b) of the EIRs, we do not have to give you information which is already publicly available and easily accessible to you in another form or format. If, however, you do not have internet access to obtain this information from the website(s) listed, then please contact me again and I will send you a paper copy.

The Scottish Government has previously published information regarding the meeting of 7 September 2023 between the First Minister, Humza Yousaf and True North which includes information sought in your request, namely the attendees, topics discussed and any agreed actions. A copy of minutes from the meeting can be found here.

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 202400401637 - Information Released - Annex

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8 page PDF

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