Information regarding Newton Stewart Flood Prevention Scheme: EIR release

Information requested

“I would like to make a Freedom of Information Request to the Scottish Government linked to the Newton Stewart Flood Prevention Scheme.

In November 2023 the Scottish Government while fulfilling its duties under The Flood Risk Management (Scotland) Act 2009 and in particular its duties under paragraph 6 of Schedule 2 of the aforementioned Act made a decision not to call in the Newton Stewart Flood Prevention Scheme. In essence, this decision meant that a formal local public inquiry would not be held and Scottish Ministers would not have to make a decision on the Scheme.

I would like to be furnished with a copy of all the information the Scottish Government holds relating either directly or indirectly to the decision they took not to call in the Newton Stewart Flood Protection Scheme. This would include all information that the Scottish Government holds relating to both internal and external discussions that were relevant to the Scottish Governments Duties under paragraph 6 of Schedule 2 of the Flood Risk Management (Scotland) Act 2009. I would also like a copy of all documents and information including emails and telephone communications the Scottish Government relied on to help form their decision not to call in the Newton Stewart Flood Protection Scheme. This includes a copy of all communications that took place between the Scottish Government and relevant stakeholders or other interested parties such as Dumfries and
Galloway Council and or agents acting on its behalf ,SEPA and relevant objectors to the Newton Stewart Flood Prevention Scheme.

I am not looking for any correspondence or documentation that postdates the Scottish Government Decision Notice sent to Dumfries and Galloway Council dated 8 November 2023. In a genuine effort to reduce your search burden, I am more than willing to discuss this request.”

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.

Request for information regarding the decision by the Scottish Government to not call in the Newton Stewart Flood Protection Scheme for review

I have included copies of the information you have requested in Annex B (attached).

On reviewing materials within the scope of your request, exceptions have been applied in line with the EIRs. The exceptions applied can be found in Annex A (below).

You may also wish to review the Newton Stewart Flood Protection Scheme publications section of Dumfries and Galloway Council’s online portal which provides extensive background information on multiple aspects of the scheme including correspondence, reporting and objections raised that you may find helpful. 

ANNEX A
A small amount of information has been withheld under regulation 10(4)(e) (internal communications). 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 some public interest in releasing the information as part of an open, transparent and accountable government. However, this is outweighed by the greater public interest in allowing Scottish Government officials and ministers a private space to share free and frank views for the purpose of deliberation.

Additionally, a small amount of information has been redacted from the documents disclosed under Regulation 11 – Personal Data as it contains personal information and disclosing it would contravene the data protection principles in Article 5(1) of the General Data Protection Regulations (GDPR) and in Section 34(1) of the Data Protection Act 2018. This exception is not subject to the ‘public interest test’.

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 202400435124 - Information Released - ANNEX B

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