Communications regarding T N Trawlers fishing firm: EIR release

Information requested

(i) Any communications from government ministers and special advisors regarding the fishing firm TN Trawlers since 17 August 2024 (this should include, but not be limited to, emails, written documents, whatsapp messages and notes)

(ii) Any government communications regarding grant awards to TN Trawlers from the calendar year 2021.

(iii) Where emails do exist please provide the full email chain.

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 have provided a separate answer for each of your asks labelled (i) and (ii) above. I would also like to confirm that, where documents have been provided to you, we have complied with your request that “where emails do exist please provide the full email chain.”

Any communications from government ministers and special advisors regarding the fishing firm TN Trawlers since 17 August 2024 (this should include, but not be limited to, emails,
written documents, whatsapp messages and notes).

• I enclose a copy of most of the information you requested. Please find attached a PDF document which combines 10 documents (all email chains) found in scope of your request.
• Within item C, some of the information you have requested is available from The Scottish Parliament website already at the following web link: Written question and answer: S6W-29467] | Scottish Parliament Website. Under regulation 6(1)(b) of the EIRs, we do not have to give you information which is already publicly available and easily accessible to you in another form or format.
• 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 regulations 10(4)(e) (internal communications), 10(5)(b) (the course of justice, etc.), regulation 11(1) (personal data of the applicant), and regulation 11(2) (personal data of a third party) of the EIRs applies to that information. The reasons why these exceptions apply are explained in the Annex to this letter.

Any government communications regarding grant awards to TN Trawlers for the full calendar year of 2021.

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 reason why that exception applies is explained below.

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. The Scottish Government does not have the information you have requested because we do not hold any government communications regarding TN Trawlers dated between 1 January and 31 December 2021.

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 information about government communications regarding TN Trawlers, clearly we cannot provide information which we do not hold.

ANNEX

REASONS FOR NOT PROVIDING INFORMATION

Exceptions apply

Regulation 10(4)(e) – internal communications in relation to Ministerial/media briefings and/or lines to take.

An exception under regulation 10(4)(e) of the EIRs (internal communications) applies to some of the information you have requested because it is internal communication about press lines and/or lines to take.

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 in allowing a private space within which officials can provide free and frank advice and views to Ministers in briefing for press lines and/or lines to take. It is clearly in the public interest that Ministers can properly provide sound information to Parliament (to which they are accountable), and robustly defend the Government’s policies and decisions. They need full and candid advice from officials to enable them to do so. 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.

Regulation 10(5)(b) – substantial prejudice to course of justice

An exception under regulation 10(5)(b) of the EIRs (substantial prejudice to course of justice) applies to some of the information you have requested because disclosure of the information would, or would be likely to, substantially prejudice the course of justice (including law enforcement) relating to current proceedings or to proceeding likely to take place in the future.

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 the prevention, investigation or detection of a crime, or the apprehension or prosecution of offenders.

Regulation 11(1) – applicant has asked for their own personal data
An exception under regulation 11(1) of the EIRs (personal information) applies to some of the information requested because it is personal information of which you are the data subject, and so it is subject to the General Data Protection Regulation (GDPR) and 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.

Regulation 11(2) – applicant has asked for personal data of a third party 

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.

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 - 202400435488 - Information released

File type

PDF

File size

777.0 kB