Cabinet Secretary for Rural Affairs and National Farmers Union, Scotland meeting minutes: EIR release

Information requested

Any minutes of the meeting between Mairi Gougeon, Jim Fairlie and NFU Scotland on 4 December 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.

Response to your request

While our aim is to provide information whenever possible, in this instance the Scottish Government did not have the information you have requested on the date of your request. Therefore we are refusing your request under the exception at regulation 10(4)(a) of the EIRs.

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 have. The Scottish Government did not have the information you have requested on the date of your request (5 December 2024) because no minutes of the meeting your request referred to had yet been prepared.

However, these minutes have subsequently been prepared, and in the interests of openness, I enclose a copy of most of the information you requested.

An exception under regulation 11(2) of the EIRs (personal information) would apply 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.

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 202400443919 - Information Released - Annex

File type

PDF

File size

19.5 kB