Details of GreenPower (International) Ltd meeting: EIR release

Information requested

1. Full details of the meeting held between GreenPower (International) Ltd and Patrick Harvie MSP, Minister for Zero Carbon Buildings, Active Travel and Tenants' Rights, on 23/09/2022, as outlined in the Scottish Parliament’s Lobbying Register. Please include all minutes taken, the date the meeting was set, any correspondence surrounding the meeting between the parties, any actions taken from the meeting, and details of who attended.

2. Full details of the meetings held between GreenPower (International) Ltd and Special Adviser Harry Huyton, on 03/12/2021, 29/09/2022, and 17/11/2022, as outlined in the Scottish Parliament’s Lobbying Register. Please include all minutes taken, the date the meeting was set, any correspondence surrounding the meeting between the parties, any actions taken from the meeting, and details of who attended.

3. Full details of the meetings held between GreenPower (International) Ltd and Special Adviser Gavin Corbett, on 24/06/2022, as outlined in the Scottish Parliament’s Lobbying Register. Please include all minutes taken, the date the meeting was set, any correspondence surrounding the meeting between the parties, any actions taken from the meeting, and details of who attended.

4. Full details of the meeting held between GreenPower (International) Ltd, Patrick Harvie MSP, Minister for Zero Carbon Buildings, Active Travel and Tenants' Rights, and Lorna Slater MSP, Minister for Green Skills, Circular Economy and Biodiversity on 27/08/2021, as outlined in the Scottish Parliament’s Lobbying Register. Please include all minutes taken, the date the meeting was set, any correspondence surrounding the meeting between the parties, any actions taken from the meeting, and details of who attended.

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 have set out our response in relation to each question you asked. With the question number relating to the question number set out above.

Question 1. In response to question 1 of your request, we have provided all records identified which include the details of when the meeting was set, correspondence between parties surrounding the meeting and who attended. We do not hold minutes of this meeting or record of actions points, however, correspondence, subsequent to the meeting does demonstrate the points of discussion. I enclose a copy of all records identified. These are listed below:

1. Email to the former Minister for Zero Carbon Buildings, Active Travel and Tenants' Rights requesting a meeting with Solar Energy Scotland.
2. Letter from the former Minister for Zero Carbon Building, Active Travel and Tenants’ Rights accepting the meeting invite.
3. Follow up email to the former Minister for Zero Carbon Building, Active Travel and Tenants’ Rights on behalf of Solar Energy Scotland.
4.  Email from Solar Energy Scotland to the former Minister for Zero Carbon Buildings, Active Travel and Tenants’ Rights from Solar Energy Scotland following the meeting.
5. Letter from the former Minister for Zero Carbon Buildings, Active Travel and Tenants’ Rights in response to email from Solar Energy Scotland following the meeting.
6. Email correspondence regarding the arrangements of the meeting.
7.  Email correspondence regarding the arrangements of the meeting.

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 of exceptions under regulations:

11(2) (personal data of third party)
10(4)(a) (information not held)

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

Questions 2 and 3. In response to question 2 and 3 of your request, the Scottish Government does not hold the information you have requested. The Special Advisers, Harry Huyton and Gavin Corbett, are no longer in post and no records have been identified.
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 in the Annex to this letter.

Question 4. In response to question 4 of your request, this meeting was held in Mr Harvie’s and Ms Slater’s capacity as MSPs. As a result, the Scottish Government does not hold any information relating to this meeting.
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 in the Annex to this letter.

ANNEX

Exception 11(2) – (personal information)
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.

Exception 10(4)(a) - (information not held)
The Scottish Government does not have the information. 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.

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 this information, clearly, we cannot provide information which we do not hold.

About FOI

The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at https://www.gov.scot/foi-responses.

EIR 202400434756 - Information Released - Annex

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