Formal process for excluding the deposit return scheme regulations from the Internal Market Act: EIR release

Information requested

1. The date on which the “formal process for excluding the deposit return scheme regulations from the Internal Market Act” was initiated.
2. All internal Scottish Government correspondence/briefings relating to the “formal process for excluding the deposit return scheme regulations from the Internal Market Act".
3. Any legal advice received by the Scottish Government on the interaction or possible conflict between the Scottish Deposit Return Scheme and the UK Internal Market Act.

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 exception 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 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, 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

Question 1:

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. If, however, you do not have internet access to obtain this information from the website(s) listed, then please contact me again and I will send you a paper copy.

The Scottish Government published the timeline and process for securing an Internal Market Act exclusion for DRS which can be found at: Internal Market Act: correspondence

Question 2:

I have included copies of the information you have requested in Annex B.

On reviewing materials within the scope of your request, exceptions have been applied in line with the EIRs. The exceptions applied can be found in Annex A.

Question 3:

While our aim is to provide information whenever possible, in this instance we are unable to provide the information you have requested because an exception under Regulation 10(4)(e) (internal communications) of the EIRs applies. The 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 as part of an open, transparent and accountable government. However, this is outweighed by the public interest in maintaining legal professional privilege.

About FOI

The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at http://www.gov.scot/foi-responses.

Annex A - 202300342961

File type

1 page PDF

File size

90.5 kB

Annex B - 202300342961

File type

10 page PDF

File size

389.6 kB