Mr Edwards requested from the Scottish Ministers (the Ministers) all unpublished information held in relation to the decision to call in the planning application by Trump International Golf Links Scotland for a golf course at Balmedie, Aberdeenshire. The Ministers responded by stating that they had decided to publish certain documents and provided Mr Edwards with a link to the relevant part of the Scottish Government web site. However, the Ministers also withheld certain documentation under the terms of sections 25, 30(b), 36(1) and 38(1)(b) of FOISA. Following a review, Mr Edwards remained dissatisfied and applied to the Commissioner for a decision.
During the investigation, it was put to the Ministers that the information withheld was environmental information and following further consideration they accepted that the request should properly have been dealt with under the EIRs. The Ministers thereafter relied upon the exceptions under regulations 10(4)(d), 10(4)e) and 10(5)(d) of the EIRs in withholding the information. Since the information was considered environmental information they also relied upon section 39(2) of FOISA.
Following an investigation, the Commissioner found that the Ministers should have dealt with Mr Edwards’ request for information under the EIRs. While he accepted that certain information could properly be withheld under regulation 10(5)(d) of the EIRs, he did not accept their application of exceptions to certain other information and required its release.
Citations:
[2008] ScotIC 139 – 2008
Links:
Jurisdiction:
Scotland
Information
Updated: 19 July 2022; Ref: scu.434245