Publication - FOI/EIR release

European Union gene editing rules documentation: EIR release

Published: 26 November 2024
Directorate: Agriculture and Rural Economy Directorate
Topic: Farming and rural, Public sector
FOI reference: FOI/202400437152
Date received: 18 October 2024
Date responded: 15 November 2024

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

Information requested

All documentation held by the Scottish Government, including correspondence (internal as well), minutes/notes from meetings, briefings, policy notes, about EU gene editing rules, from the last six months?

Response

I enclose a copy of most of the information you requested.

While our aim is to provide information whenever possible, in this instance we are unable to provide some parts of the information you have requested because of exemptions under sections 10(4)(e) (document circulated internally), 11(2) (personal information), and 10(5)(d) (privileged legal advice) of EIRs 2004 applies to that information. The reasons why that exemptions applies are explained in the Annex to this letter.

Annex A

An exception applies

An exception under regulation 11(2) of the EIRs applies to some of the information you have requested. This regulation allows a Scottish Public Authority to withhold personal information - in this case the names and contact details for government officials and third parties.

This exception is not subject to the ‘public interest test’.

An exception under regulation 10(5)(d) of the EIRs applies to some of the information you have requested. This regulation allows a Scottish Public Authority to withhold privileged legal advice - in this case advice from the Scottish Government Legal Department.

This exception is not subject to the ‘public interest test’.

An exception under regulation 10(4)(e) of the EIRs applies to some of the information you have requested. This regulation allows a Scottish Public Authority to withhold internal communications.

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. 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 officials a private space within which to explore and refine Scottish Government policy, until the Government as a whole can adopt a position that is sound and likely to be effective. This private thinking space is essential to enable all options to be properly considered, so that good decisions can be taken. Premature disclosure is likely to undermine the full and frank discussion of issues between officials, which in turn will undermine the quality of the policy produced, which would not be in the public interest.

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.