Correspondence relating to zonal pricing in the context of the electricity market: EIR release

Information requested

All Scottish Government documents mentioning “zonal pricing” in the context of the electricity market, including correspondence between Ministers, Civil Servants, and Special Advisers, and with external parties, from 12th May 2023 - date.

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 enclose a copy of some of the information you requested.

Some of the information you have requested is available from:

• GB wholesale electricity market reform: impacts and opportunities for Scotland (climatexchange.org.uk)
• Independent assessment of the impacts of wholesale electricity market reform for Scotland report: EIR release - gov.scot (www.gov.scot)

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. If, however, you do not have internet access to obtain this information from the website(s) listed, then please contact me again and I will send you a paper copy. 

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(4)(d) (material in the course of completion), 11(2) (personal data relating to third party) and 10(5)(f) (prejudice to interests of person who provided the information) of the EIRs applies to that information. The reasons why that exception(s) applies are explained in the Annex to this letter.

An exception applies

Regulation 11 - Personal Data

While our aim is to provide information whenever possible, in this instance an exception under Regulation 11, personal data, has been applied to some of the information requested.

Information has been redacted 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’.

Regulation 10(4)(e) - Internal communication

While our aim is to provide information whenever possible, in this instance an exception under Regulation 10(4)(e), internal communication, has been applied to some of the information requested.

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 of any given policy.

Regulation 10(4)(d) – Material in the course of completion

While our aim is to provide information whenever possible, in this instance an exemption under Regulation 10(4)(d), material in the course of completion, unfinished documents, or incomplete data has been applied to some of the information requested.

This exception is subject to the ‘public interest test’. Therefore, taking into account 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 an open, transparent and accountable government. However, there is a greater public interest in allowing a private space for officials to consider draft content to ensure that factual and accurate information is released in the public domain.

Regulation 10(5)(f) – Third Party Interests

While our aim is to provide information whenever possible, in this instance an exception under Regulation 10(5)(f), third party interests, has been applied to some of the information requested.

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 external organisations the ability to engage with the Scottish Government with the strict understanding that their correspondence is held in confidence unless otherwise agreed.

Regulation 6(1)(b) - Information already publicly available

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.

Where information is already publicly available I have provided you with the links to the relevant websites. If, however, you do not have internet access to obtain this information from the websites listed, then please contact me again and I will send you a paper copy.

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 - 202400435912 - Information released - Annex A - Annex F

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