Hunting with Dogs Consultation (November 2021): EIR release

Information requested

Full responses from each of the 48 organisations on the "Hunting with Dogs" consultation that ended in November 2021. You specifically requested to see responses received for each question and any invited comment, specifically:

1. All responses to closed questions from organisations
2. Invited responses for Q5
3. Invited responses for Q7
4. Invited responses for Q10
5. Invited responses for Q11
6. Invited responses for Q12

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

I enclose a copy of some of the information that you have requested. While our aim is to provide as much information as possible, in this instance exceptions apply to some of the information requested.

Therefore, we are refusing to provide information where Regulation 10(5)(f) Third Party Interests applies.

An exception under regulation 10(5)(f) of the EIRs (substantial prejudice to interests of person who provided the information) applies to some the information you have requested. This exception applies because disclosure of this particular information would, or would be likely to, prejudice substantially the interests of organisations who provided that information to the Scottish Government. This exception has been applied to respondents that did not give consent for their responses to be published, or where they wished to remain anonymous if published. The exception applies as they:

• were not under any legal obligation to give us that information;
• did not supply it in circumstances in which it could, apart from the EIRs, be made available; and
• have not consented to disclosure.

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 and transparent government. However, there is a greater public interest in protecting the interests of anyone, such as organisations who provides the Scottish Government with information on a confidential basis. Disclosing such information against the express wishes of the stakeholder is likely to undermine their trust in the Government and make them reluctant in future to share information with us in public consultation. This would significantly impair the Scottish Government’s ability to develop policies and make decisions on the basis of fully informed advice and evidence. This would not be in the public interest.

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.

Hunting with Dogs Organisational Responses - 202300345554

File type

Excel document

File size

72.1 kB