Nuclear power correspondence: EIR release

Information requested

Copies of all briefings, analysis, minutes/notes from meetings and correspondence, including internal, held by the Scottish Government regarding nuclear power, from 1 August 2024 and 15 October 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 have included copies of the information you have requested in the attached document in Annex B.

On reviewing materials within scope of your request some exceptions have been applied in line with the EIRs. You can find information on the exceptions that have been applied to information in Annex A.

Annex A

The following exceptions have been applied:

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.

Some of the information you have requested can be found online here:

• EIR+202400429545+-+Information+Released+-+Annexes+A+and+B.pdf (www.gov.scot)
• Written question and answer: S6W-29952 | Scottish Parliament Website

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(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, disclosure of this information would, or would be likely to, significantly impair the Scottish Government’s ability to develop policies and make decisions where advice and evidence has been provided by UK Government departments. This also covers information which disclosure of would, or would be likely to, prejudice substantially the confidentiality of commercial information provided by a third party(s).

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 202400439742 - Information released - Annex B

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