Publication - FOI/EIR release

Documents relating to a Marine Scotland meeting with the Ministry of Defence: EIR release

Published: 3 September 2024
Directorate: Marine Directorate
Topic: Marine and fisheries, Public sector
FOI reference: EIR/202400415158
Date received: 21 May 2024
Date responded: 17 June 2024

Information request and response under the Environmental Information (Scotland) Regulations 2004.

Information requested

Your request for information is seeking the release of documents relating to an online meeting that took place on 1 February 2021 involving Marine Scotland, the Ministry of Defence (MoD) and the Navy Safety Centre. As this response will be published on our website for the wider public to view, a copy of the meeting minutes you referred to in your request has been provided as an Annex to this letter in order to provide context.

We would also like to use the opportunity to clarify that ‘Marine Scotland’ is now known as ‘the Marine Directorate’, in order to align with naming conventions of other Scottish Government Directorates.

You asked for:

Further to that document’s references, please release in full:

1) The background report referred to in bullet point 2.

2) The advice Marine Scot received from NatureScot referred to in bullet point 3.

3) The subsequent Marine Protection Order and the Marine Conservation Order referred to in bullet point 4.

4) The advice that Marine Scotland sent to Ministers “at the tail end of next week”, referred to in the third to last bullet point.

5) Details of any subsequent meetings between Marine Scot and the MoD on this topic.

Response

1) The background report referred to in bullet point 2.

While our aim is to provide information whenever possible, in this instance the Scottish Government does not have the information you have requested. Therefore we are refusing your request under the exception at regulation 10(4)(a) of the EIRs. The reasons why that exception applies are explained below.

Under the terms of the exception at regulation 10(4)(a) of the EIRs (information not held), 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 no proper reference to the report referred to in the minutes of the meeting was kept, and therefore we cannot guarantee that the information we hold is the same.

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 about Interim protection measures for flapper skate, clearly we cannot provide information which we do not hold.

However, under regulation 9 of the EIRs (our duty to provide advice and assistance) we would like to provide you a copy of a background report we believe was distributed ahead of the meeting on 01 February 2021. See item number 1 enclosed.

2) The advice Marine Scot received from NatureScot referred to in bullet point 3.

I enclose a copy of most of the information you requested. See item(s) 2 and 3 enclosed.

An exception under regulation 11(2) of the EIRs (personal information) applies to some of the information requested because it is personal data of a third party and disclosing it would contravene the data protection principles in Article 5(1) of the General Data Protection Regulation and in section 34(1) of the Data Protection Act 2018. This exception is not subject to the ‘public interest test’, so we are not required to consider if the public interest in disclosing the information outweighs the public interest in applying the exception.

Most of this information has already been published and can be found here Flapper Skate protection:NatureScot advice to the Scottish Government - gov.scot (www.gov.scot) for your interest only.

3) The subsequent Marine Protection Order and the Marine Conservation Order referred to in bullet point 4.

The Marine Conservation Order you have requested is available here The Red Rocks and Longay Urgent Marine Conservation Order 2021 (legislation.gov.uk).

The Marine Protected Area Order you have requested is available here Red Rocks and Longay Nature Conservation: Marine Protected Area Order - 2021 - gov.scot (www.gov.scot).

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.

Under regulation 9 of the EIRs (our duty to provide advice and assistance) we would like to advise you that the MPA order and urgent MCOs were updated on December 2021 to extend the boundary of the MPA because flapper skate eggs were discovered north of the original site.

The Marine Conservation Order for 09 December 2024 is available here The Red Rocks and Longay Urgent Marine Conservation (No. 2) Order 2021 (legislation.gov.uk).

The Marine Protected Area Order for 08 December 2021 is available here The Red Rocks and Longay Nature Conservation Marine Protected Area (No. 2) Order 2021: Scottish Ministerial Order - gov.scot (www.gov.scot).

4) The advice that Marine Scotland sent to ministers “at the tail end of next week”, referred to in the third to last bullet point.

I enclose a copy of most of the information you requested. See item Number 4 enclosed. The is a Ministerial submission made on 04 February 2021.

5) Details of any subsequent meetings between Marine Scot and the MoD on this topic.

There has been only one further meeting with MoD regarding flapper skate surveys in Red Rocks and Longay MPA which took place on 25 November 2021. All of the information you have requested is available already here: Marine Scotland: Red Rocks and Longay stakeholder meeting summary - Ministry of Defence (MOD) - 25 November 2021 - gov.scot (www.gov.scot).

Please note that although the meeting summary with MoD on 25 November 2021 states the next meeting would take place on 26 November 2021, there is no record of a meeting on 26 November 2021.

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.

Additional information provided out with the EIRs

Under regulation 9 of the EIRs (our duty to provide advice and assistance) we would like to advise you that a previous EIR response relating to Flapper Skate protection has already been published on our website. We responded on 30 March 2021 under EIR case reference number 202100174055 and our response and the items released can be viewed here: Advice provided relating to Flapper Skate protection: EIR release - gov.scot (www.gov.scot).

ANNEX

Flapper skate conservation – Interim protection measures Meeting with the Ministry of Defence

MS Teams online meeting 01 February 2021 13:30

Attendees

Marine Scotland
MOD, Navy Safety Centre

Meeting notes

Marine Scotland welcomed everybody to the meeting and provided some introductions.
MOD confirmed that they had received and considered the background report provided ahead of the meeting.
Marine Scotland outlined the advice received from NatureScot.
Marine Scotland reported that an urgent MPA and Marine Conservation Order are under consideration subject to Ministerial approval.
Marine Scotland asked if the proposed site would impact on the MOD BUTEC site.
MOD said that this site was an underwater testing facility and it’s work is mainly acoustic with occasional torpedo tests.
MOD stated that they are not aware of any pressures on the proposed MPA arising from this site.
MOD asked if Marine Scotland were aware of any potential acoustic pressures on flapper Skate.
Marine Scotland stated that the advice does not suggest any sensitivity of flapper skate to noise but will confirm this with NatureScot.
MOD mentioned that the BUTEC range is not in constant use and tends to be used a few days or weeks at a time, additionally explosives are not routinely in use at the site.
The MOD stated that they have no records of use of the proposed site historically as anchorage and if this site was designated they can easily find alternatives.
Marine Scotland confirmed that they will be sending advice to Ministers at the tail end of next week.
Marine Scotland thanked the MOD for attending this meeting.
MOD took the action to contact the remaining MOD stakeholders operating in the area and feedback any relevant use to Marine Scotland. (Action complete).

About FOI

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