Stobo Hope Woodland Creation Scheme data: EIR release

Information requested

I would like to make a FOI request in relation to the Stobo Hope Woodland Creation Scheme, under contract reference 23FGS74574.

1. Has Scottish Forestry visited the site of the woodland creation scheme since its last visit on 15 March 2024? If so, on what days and what was the purpose of each visit?

2. Has Scottish Forestry received any claims for payments? If so, on what days were these made and were any made on or before 17 May 2024?

3. It is understood a standard security over the land is required. Was a standard security in place on or before 17 May?

4. Has a standard security been put in place? If not, why not?

5. How much outstanding grant has not been claimed and will this be subject to a funding review?

Where applicable, please could Scottish Forestry:

Provide the amounts paid for each payment with a full breakdown of payments for items.

Provide all documents in relation to the visits and inspections of the site by Scottish Forestry (including for 15 March 2024) showing how the site was assessed and work to date verified.

Provide all information including forms, dates and correspondence relating to the standard security.

Provide all documents, maps, forms and all correspondence between Scottish Forestry and all other parties, internal and external correspondence between Scottish Government staff and all correspondence between Scottish Ministers and other parties since May 1st 2024.

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.

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 regulation 11(2) of the EIRs (personal data relating to a third party), regulation 10(4)(e) (internal communications), regulation 10(5)(b)(i) (prejudice to the course of justice), and regulation 10(5)(g) of the EIRs (protection of the environment) apply to some of the information you have requested.

For further detail on the application of these exceptions, please see the Annex.

1. Has Scottish Forestry visited the site of the woodland creation scheme since its last visit on 15 March 2024? If so, on what days and what was the purpose of each visit?

Doug Howieson, South Scotland Conservator, visited the woodland creation scheme when passing on 25th June. The visit had no purpose other than a brief site drop in when passing.

2. Has Scottish Forestry received any claims for payments? If so, on what days were these made and were any made on or before 17 May 2024?

A claim was submitted on 15th May 2024.

3. It is understood a standard security over the land is required. Was a standard security in place on or before 17 May?

A standard security was not in place before 17th May. The process of obtaining a standard security had been started. It is possible to submit and receive a claim before the standard security process had been completed; however, payment cannot be made until the standard security is fully completed. The Conservancy was informed that the Standard Security was now in place on 4th July.

4. Has a standard security been put in place? If not, why not?

See above.

5. How much outstanding grant has not been claimed and will this be subject to a funding review?

The outstanding grant that has not yet been claimed is £1,487,735.67 including 5 years of annual maintenance grant. This will not be subject to a funding review as a contract has been signed for that amount of grant aid.

Where applicable, please could Scottish Forestry:

6. Provide the amounts paid for each payment with a full breakdown of payments for items.

No payments have yet been made as the standard security was only completed on 4th July.

7. Provide all documents in relation to the visits and inspections of the site by Scottish Forestry (including for 15 March 2024) showing how the site was assessed and work to date verified.

There are no documents in relation to site visits and inspections. The work undertaken as part of the claim has not yet been formally inspected. If after inspection it is found that the claim is inaccurate, the applicant may be subject to a rectifiable breach notification or a penalty in line with RPID instructions.

8. Provide all information including forms, dates and correspondence relating to the standard security.

Copies of the standard security and associated documents, and some correspondence relating to the standard security, are included in the release. Personal data has been redacted in accordance with the exception under regulation 11(2) of the EIRs (personal data relating to a third party). An exception under applies to some of the information requested because it would make public the locations of nesting / breeding sites of protected species; this information is contained in the copy contract and has been redacted and marked accordingly.

Some correspondence has been withheld under the exception under regulation 10(5)(b)(i) (prejudice to the course of justice) where this relates to legal advice received from solicitors acting on our behalf, as this information is subject to legal professional privilege.

9. Provide all documents, maps, forms and all correspondence between Scottish Forestry and all other parties, internal and external correspondence between Scottish Government staff and all correspondence between Scottish ministers and other parties since May 1st 2024.

This correspondence comprises two categories:

• Internal discussion regarding the operational and media handling of the Stobo case. This has been withheld under regulation 10(4)(e) (internal communications).
• Correspondence regarding the ongoing Stobo judicial review case. This has been withheld under regulation 10(5)(b)(i) (prejudice to the course of justice).

Due to the size of the files we are unable to upload the documents referred to above. If you wish to consider, please contact us at the address below and we will be happy to provide.

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 202400421105 - Information released - Annex

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2 page PDF

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129.6 kB