German Hydrogen Import Strategy correspondence: EIR release

Information requested

Could you supply all briefings, analysis prepared for or by the Scottish Government, all minutes/notes from meetings, all correspondence sent and received by the government, including internally, about Scotland supplying hydrogen to Germany, between August 15 2024 and September 20 2024?

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 the information you have requested.

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 the regulations of the EIRs apply to several pieces of information. The reasons why the exceptions have been applied are explained in Annex A to this letter.

ANNEX A

REASONS FOR NOT PROVIDING INFORMATION

Exceptions apply

An exception under regulation 10(5)(a) (International relations, defence, national security, or public safety) of the EIRs applies to some of the information you have requested. Regulation 10(5)(a) applies as the information exempt relates to current international relationships and reflects sensitive conversations made in confidence concerning international governments.

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 release because of the importance of energy policy to Scotland. However, this is outweighed by the public interest in the ongoing development of strong relationships relating to the energy sector.

An exception under regulation 10(5)(e) (Confidentiality of commercial or industrial information, provided for by law to protect legitimate economic interest) of the EIRs applies to some the information you have requested. Regulation 10(5)(e) applies as the information exempt relates to commercial relationships and sensitivities. 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 release because of the importance of energy policy to Scotland. However, this is outweighed by the public interest in the ongoing development of strong relationships relating to the energy sector.

This 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.

Items in scope of your request can be released in redacted form.

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 202400439089 - Information released - Annex

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