Meetings with North East Carbon Capture Utilisation and Storage (NECCUS), Scottish and Southern Energy plc (SSE) and Equinor: EIR release

Information requested

Any documentation relevant to the following meetings.

I request copies of who attended the meetings, what topics were discussed, any briefings provided to attendees, who said what, and any agreed actions.

1 ) On 07/12/2022 via video conference, a meeting between SSE and Michael Matheson MSP (Cabinet Secretary for Net Zero, Energy and Transport) Sources: Lobbying Register, Ministerial engagements, travel and gifts.

2 ) On 31/01/2023 at a private residence, a meeting between NECCUS and Michael Matheson MSP (Cabinet Secretary for Net Zero, Energy and Transport) Source: Lobbying Register.

3 ) On 02/02/2023 at Murrayfield Stadium, a meeting between NECCUS and Michael Matheson MSP (Cabinet Secretary for Net Zero, Energy and Transport) Source: Lobbying Register.

4 ) On 16/03/2023 at CMSLLP, Saltire Court, Edinburgh, a meeting between SSE and Richard Lochhead MSP (Minister for Just Transition, Employment and Fair Work) Source: Lobbying Register.

5 ) On 13/04/2023 at Storegga, Crown House, Aberdeen, a meeting between NECCUS and Gillian Martin MSP (Minister for Energy) Source: Lobbying Register.

6 ) On 26/04/2023 at a private residence, a meeting between NECCUS and Gillian Martin MSP (Minister for Energy) Source: Lobbying Register.

7 ) On 22/05/2023 at Sloy Power Station, a meeting between SSE and Humza Yousaf MSP (First Minister) Source: Lobbying Register.

8 ) On 09/07/2023 at Royal Botanic Garden, Edinburgh, a meeting between SSE and Neil Gray MSP (Cabinet Secretary for Wellbeing economy, Fair Work and Energy) Source: Lobbying Register.

9 ) On 27/07/2023 at Prestonfield Hotel, Edinburgh, a meeting between SSE, Wood Group and Humza Yousaf MSP (First Minister) Source: Ministerial engagements, travel and gifts.

10 ) On 08/08/2023 via video conference, a meeting between Equinor and Angus Robertson MSP (Cabinet Secretary for Constitution, External Affairs and Culture) Source: Ministerial engagements, travel and gifts.

11 ) On 11/08/2023 at the Scottish Parliament, a meeting between Equinor and Humza Yousaf MSP (First Minister) Source: Lobbying Register.

12 ) On 06/09/2023 at an unknown location, a meeting between Equinor and the Minister for Energy and Environment Source: Lobbying Register.

13 ) On 11/09/2023 at SSE, 200 Dunkeld Road, Perth, a meeting between SSE and Neil Gray MSP (Cabinet Secretary for Wellbeing Economy, Fair Work and Energy) Source: Lobbying Register.

14 ) On 15/09/2023 at Colpy Business Park, Oldmeldrum, a meeting between SSE and Gillian Martin MSP (Minister for Energy) Source: Lobbying Register.

15 ) On 05/10/2023 at the Scottish Parliament, a meeting between SSE and Calum McCaig (Special Adviser) Source: Lobbying Register.

16 ) On 09/11/2023 at 200 Dunkeld Road, Perth, a meeting between SSE and Neil Gray MSP (Cabinet Secretary for Wellbeing Economy Fair Work and Energy) Source: Lobbying Register.

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 1, 3 to 7, 9, 10, 12 & 13

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.

I would note however, that we have been unable to locate some of the information you have requested, namely a copy of the briefing pack for the meeting of 7 December 2022 and copies of the meeting notes for the meetings of 2 February and 26 April 2023 respectively as noted in your request.

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 further documents for the three above noted meetings being identified that would be in scope of your request.

Meeting 6

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 a copy of the briefing pack produced for the meeting of 26 April 2023 between the Minister for Energy, Gillian Martin and NECCUS which can be found here.

I would note however, that we have been unable to locate a minute of the above meeting. 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 meeting minute being identified that would be in scope of your request.

Meetings 2, 8, 11, 14 to 16

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 no records of meetings having taken place on the dates referred to in your request.

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.

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 202400407153 - Information Released - Annex

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