Farmed salmon escapes correspondence: EIR release

Information requested

• Information on escapes of farmed salmon - from farms, hatcheries, work boats, lorries, helicopter transfers and any other sources/routes - since 1 January 2023.
• Documents, emails, warning letters, videos, photos, data sheets, scientific reports and any other information relating to escapes of farmed salmon since 1 January 2023.
• Copies of any Cabinet Briefings, press discussions, science discussions, dialogue with Cooke, Mowi, Bakkafrost, Organic Sea Harvest and other companies (including well boat companies) and any other correspondence in relation to escapes of farmed salmon since 1 January 2023.

We have interpreted your request for information about escapes since 1 January 2023, as per the scope of your request, to relate only to incidents where escapes of fish have been confirmed.

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 some of the information you 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 regulations 10(4)(e) (internal communications) and 11(2) (personal data of a third party) of the EIRs applies to that information. The reasons why those exceptions apply are explained in the Annex to this letter.

There is one point of clarification to make regarding the information released:

• In the enclosure titled ‘Initial and Final Notification Forms Migdale Transport’, the transporter involved in the fish escapes incident in February 2023 informed us the location of the escapes cannot be confirmed due to insufficient information available, and it is not therefore possible to determine where along the route the escape took place.

Additional information provided out with the EIRs

Under regulation 9 of the EIRs (our duty to provide advice and assistance) I have provided the below links to relevant published EIR requests for your information:

• EIR reference 202400441299: Escape of 80,000 salmon in February 2023: EIR release - gov.scot
• EIR reference 202400440742: Salmon farming briefing notes provided to the Cabinet Secretary for Rural Affairs, Land Reform and Islands: EIR release - gov.scot

ANNEX

REASONS FOR NOT PROVIDING INFORMATION

An exception applies

An exception under regulation 10(4)(e) (internal communications) of the EIRs applies to some of the information you have requested. This exception applies because releasing this information is likely to substantially inhibit the future provision of free and frank advice to Ministers about lines to take, and policy.

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 a public interest in disclosing information as part of open, transparent and accountable government, and to inform public debate. However, there is greater public interest in allowing a private space within which officials can provide full and frank advice to Ministers as part of the process of exploring and refining the Government’s policy. They need full and candid advice from officials to enable them to do so. Disclosure is likely to undermine the full and frank discussion of issues which in turn will undermine the quality of the policy and decision-making process, which would not be in the public interest.

An exception applies

An exception under regulation 11(2) of the EIRs (personal data of a third party) 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.

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 202500446495 - Information Released - Annex

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