Publication - FOI/EIR release

Successful applications for the Just Transition Fund: EIR release

Published: 9 October 2024
Directorate: Energy and Climate Change Directorate
Topic: Energy, Environment and climate change, Public sector
FOI reference: EIR/202400431972
Date received: 13 September 2024
Date responded: 20 September 2024

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

Information requested

Copies of the successful applications for funding under the Just Transition Fund.

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.

Response to your request

I enclose a copy of most of the information you requested.

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.

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 an exception(s) under regulation(s): 10(5)(e) - Confidentiality of commercial or industrial information of the EIRs applies to that information. The reasons why that exceptions applies are explained in the Annex to this letter & 10(5)(f) - Prejudicial to interests of person who provided information / Prejudicial to interests of third party / Sensitive Information regarding development of an ongoing project(s).

As the exceptions is conditional we have applied the 'public interest test'. This means we have, in all the circumstances of this case, considered if the public interest in disclosing information outweighs the public interest in applying the exceptions. We have found that, on balance, the public interest lies in favour of upholding the exceptions. While we recognise that there may be some public interest in information about development of the successful Just Transition Fund projects to date, this is outweighed by the public interest in protecting the ongoing development of the projects.

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.