Managing deer for climate and nature consultation proposals: EIR release

Information requested

All correspondence, submissions and recommendations in relation to the legislative vehicle which will be used to take forward the proposals set out in the Managing Deer for Climate and Nature Consultation.

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.

I enclose a copy of some of the information you have requested.

While our aim is to provide information whenever possible, in this instance we are unable to provide some of the information you have requested because exceptions under the EIRs 10(4)(e) (internal communications), , regulation 10(4)(d) (material which is still in the course of completion), and regulation 10(5)(d) (Confidentiality of proceedings provided for by law (includes legal advice), applies to some of the information you have requested.

The reasons why these exceptions apply are explained in the Annex to this letter.

Some of the information contained in some of the documents has been redacted as set out under Section 11(1) of the EIRs as it is personal information, or the information was outwith the scope of your EIR request.

Annex

REASONS FOR NOT PROVIDING INFORMATION

Regulation 10(4)(e) of the EIRs (internal communications)

An exception under regulation 10(4)(e) of the EIRs (internal communications) applies to some of the information you have requested because it relates to correspondence between Ministers and officials to facilitate high quality policy and decisionmaking, and in the properly considered implementation and development of policies and decisions. This means that Ministers and officials need to be able to consider all available options and to debate those rigorously, to fully understand their possible implications. Their ability in doing so will be affected by their assessment of whether the discussions on deer legislation in Scotland will be disclosed in the near future, when it may undermine or constrain the Government’s view on that policy while it is still under discussion and development.

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. We recognise that there is a public interest in disclosing information as part of open, transparent and accountable government, and to inform public debate. However, this is outweighed by the strong public interest in maintaining the right to confidentiality of communications between Ministers and officials.

Regulation 10(5)(d) (Confidentiality of proceedings provided for by law (includes legal advice)

An exception under regulation 10(5)(d) of the EIRs applies to some of the information you have requested because it is internal legal advice and disclosure would breach legal professional privilege.

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. We recognise that there is a public interest in disclosing information as part of open, transparent and accountable government, and to inform public debate. However, this is outweighed by the strong public interest in maintaining the right to confidentiality of communications between legal advisers and clients, to ensure that Ministers and officials are able to receive legal advice in confidence, like any other public or private organisation.

It is clearly in the public interest that decisions are taken by the Government in a fully informed legal context. Ministers and officials therefore need high-quality, comprehensive legal advice for the effective conduct of their business. That advice needs to be given in context, and with a full appreciation of relevant facts. Without such legal advice, which can only be provided frankly and comprehensively in the knowledge that it will be kept in confidence, the quality of the Government’s decisionmaking would be much reduced since it would not be fully informed.

Regulation 10(4)(d) (material which is still in the course of completion)

An exception under regulation 10(5)(d) of the EIRs applies to some of the information you have requested because it relates to documents that are still in the course of being completed.

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. We recognise that there is a public interest in disclosing information as part of open, transparent and accountable government, and to inform public debate. However, there is a greater public interest to allow documents which will help inform policy to be completed so Ministers can receive full and candid advice from officials. Premature disclosure of this type of information could lead to a reduction in the comprehensiveness and frankness of such advice and views in the future, which would not be in the public interest.

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 202400420951 - Information released - Annex

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21 page PDF

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843.8 kB