Climate Week Briefings provided to Cabinet Secretary for Net Zero and Energy: EIR release

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


Information requested

All briefing packs provided to Gillian Martin during climate week in New York.

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
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

  • Reg 11(2) - Personal data relating to third party.
  • Reg 10(5)(e) - Confidentiality of commercial or industrial information, provided for by law to protect legitimate economic interest.
  • Reg 10(4)(e) - Internal communications.
  • Reg 10(5)(f) - Prejudice to interests of person who provided the information.
  • Reg 10(5)(a) - International relations, defence, national security, or public safety.

of the EIRs applies to that information.

Public interest test
These exceptions are subject to the ‘public interest test’:

  • Reg 10(5)(e) - Confidentiality of commercial or industrial information, provided for by law to protect legitimate economic interest.
  • Reg 10(4)(e) - Internal communications.
  • Reg 10(5)(f) - Prejudice to interests of person who provided the information.
  • Reg 10(5)(a) - International relations, defence, national security, or public safety.

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 these exceptions.

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 202400436030 - Information Released - Annex

Contact

Please quote the FOI reference
Central Correspondence Unit
Email: contactus@gov.scot
Phone: 0300 244 4000

The Scottish Government
St Andrew's House
Regent Road
Edinburgh
EH1 3DG

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