Briefing provided to First Minister, Deputy First Minister and Housing Minister regarding offshore wind: EIR Review

Information requested

Original request 202400435367

1. All correspondence between Stephen Flynn and Scottish Ministers (and anyone in their offices) or Special Advisers between 3 October 2024 and the present date inclusive. This correspondence should include WhatsApps, instant messages, phone calls, emails, meetings (either in person or on zoom/teams). 

2. Any briefing documents/notes or information provided to the First Minister, Deputy First Minister or the Housing Minister which mention the terms ‘Green Volt’, ‘Flotation Energy’, ‘Stephen Flynn’, ‘Allan MacAskill’ and ‘offshore wind’ for their visit to the Shetland Islands on 7 October 2024. 

Response

I have now completed my review of our response to your request of 7th October under the Environmental Information (Scotland) Regulations 2004 (the EIRs), for:

• All correspondence between Stephen Flynn and Scottish Ministers (and anyone in their offices) or Special Advisers between 3 October 2024 and the present date inclusive. This correspondence should include WhatsApps, instant messages, phone calls, emails, meetings (either in person or on zoom/teams).
• Any briefing documents/notes or information provided to the First Minister, Deputy First Minister or the Housing Minister which mention the terms ‘Green Volt’, ‘Flotation Energy’, ‘Stephen Flynn’, ‘Allan MacAskill’ and ‘offshore wind’ for their visit to the Shetland Islands on 7 October 2024.

I have concluded that the original decision should be confirmed with modifications.

In your review request you state that:

“I find it implausible that no briefing was provided to any minister with the exception of offshore wind, given that a major news story regarding Stephen Flynn’s correspondence with the Scottish Government broke over the weekend so I would like this request to be reviewed because my request specifically notes all information provided to the First Minister, Deputy First Minister or Housing Minister that includes any of these search terms. John Swinney was specifically asked about this issue during the visit (see here), so it seems highly unlikely he would have been given no information on this topic.”

I have therefore limited my review to consideration of whether or not all information in scope of your request was identified.

• For the purposes of the review, I have taken the period of your request to apply from 3rd October to 7th October when the e-mail was received by SG. I can confirm that the appropriate searches were conducted and that no correspondence, within the scope of your request, were found. Therefore, I am upholding the application of the exception at 10(4)(a) (information not held) of the EIRs to this part of your request.
• This exception is subject to the ‘public interest test’. Taking account of all the circumstances of this case, we have found that, on balance, the public interest lies in favour of upholding the exception. We recognise that where information exists there is some public interest in its release as part of open, transparent and accountable government. However, we obviously cannot provide information we do not hold.
• You also sked for any briefing provided to the Minister that mentioned the terms ‘Green Volt’, ‘Flotation Energy’, ‘Stephen Flynn’, Allan MacAskill’ and ‘offshore wind’. I am content that the appropriate searches were done and that the outcome was correct. I can confirm that there was no briefing that made reference to "Green Volt", "Flotation Energy", "Stephen Flynn", or "Allan MacAskill". Therefore, I conclude that under the terms of the exception at regulation 10(4)(a) of the EIRs (information not held), the Scottish Government is not required to provide information which it does not hold.
• This exception is subject to the ‘public interest test’. Taking account of all the circumstances of this case, we have found that, on balance, the public interest lies in favour of upholding the exception. We recognise that where information exists there is some public interest in its release as part of open, transparent and accountable government. However, we are unable to provide information we do not hold.
• As you are aware, the search identified one document that mentioned "offshore wind". This was provided to you. However, this review has established that you received an early copy of the briefing that was eventually sent to Ministers so I am releasing the final version of the First Minister's briefing that mentions the term "offshore wind". This is attached at Annex A.
• Upon review, I have concluded that some of the information was incorrectly redacted under section 33 (1) (b) of the Freedom of Information (Scotland) Act 2002. However, I can confirm that the information would still have been eligible for redaction under Reg 10(4)(e) of the Environmental Information (Scotland) Regulations 2004 (EIRs) which allows a Scottish public authority to withhold internal communications. The same exception applies to information redacted in the new version released at Annex A.
• This exception is subject to the ‘public interest test’. Therefore, taking account of all the circumstances of this request, I have considered whether 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 protecting the private space to advise Ministers and share confidential/sensitive info with them.

“I received a highly unusual request from a Scottish Government official asking for a call regarding my request, in which I was asked to withdraw and re-submit my request because I would not receive the request within the statutory deadline. I have never been asked this before and do not believe it is proper practice, so this unorthodox request means that I have reason to believe this freedom of information request was not dealt with in the normal way”.

• I am sorry that you received this call. I have highlighted that this is not normal practice and asked the team to ensure this does not happen in the future. However, please know that this issue did not affect the outcome of your request. Following my review of this case, I can assure you that the appropriate searches have been conducted and that you have received all of the information available within the scope of your request.

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 202400441690 - Information released - Annex A

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