Request:
Please provide all records of correspondence and notes of meetings between the Scottish Government (including Marine Scotland) and Crown Estate Scotland between 1 February 2021 and 24 March 2021. Specifically, I’m looking for correspondence etc on ScotWind. This would hopefully include informing the Scottish Government that the leasing process was being paused (as announced on 11 February 2021), any advice on process and implications for broader offshore wind policy which was provided by the Scottish Government, and information which was provided by CES to the Scottish Government on the progress of the review
Response:
The redactions in ‘RED’ denote personal data, as defined in UK General Data Protection Regulations 2018 (UKGDPR) and releasing such information would contravene the principles. Therefore exception 11(2) third party personal data under EIRs is applied.
Redactions in ‘ORANGE’ fall under exception 10(5)(d) – confidentiality of proceedings. The withheld information contains legal advice Crown Estate Scotland obtained and disclosure of such information would compromise legal privilege. It is in the public’s interest that Crown Estate Scotland receives legal advice and to keep that privileged in order that we can successfully fulfil our statutory remit.
The redactions in ‘GREEN’ fall under EIRs exception 10(4)(e) – Internal communications. There is a total of 12 pieces of correspondence (including their attachments) that have been withheld under this 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 a greater public interest in allowing a private space within which Crown Estate Scotland can provide free and frank advice and views to our Sponsor Directorate. It is clearly in the public interest that Crown Estate Scotland can properly provide sound information to our Sponsor Directorate (given our accountability to Scottish Ministers), and robustly defend policies and decisions. Premature disclosure of this type of information could lead to a reduction in the comprehensiveness and frankness of such discussions, which would not be in the public interest
The redactions in ‘BLUE’ fall under EIRS exception 10(5)(e) – confidentiality of commercial or industrial information. There is a total of 4 pieces of correspondence (including their attachments) that have been withheld under this exception. If the information redacted under this exception is disclosed, it would breach confidentiality set out by the provider. The information is commercial in nature. It is still sensitive and could be drawn upon for future leasing rounds. If the information were to be released in the public domain at this point of time, it would harm our economic interest to remain competitive to get the best value for Scotland as per the Scottish Crown Estate Act 2019.
The redactions in ‘BLACK’ is information we are withholding with multiple exceptions applied; refer to the table under heading ‘Exceptions’ to see which exceptions were applied.
Below table lists out the information enclosed
| Doc# | File Name | Doc Type | Exceptions |
|---|---|---|---|
| 1 | 2021_02_04_RE_ ReNews story on TCE bids_Redacted.pdf | 11(2) - personal data | |
| 2 | 2021_02_05_RE_ TCE Round 4 lease bids story - preparing briefing notes_Redacted.pdf | 11(2) - personal data | |
| 3 | 2021_02_05-Attachment_21-02-05 TCE Round 4.pdf | Attachment to email (Doc #2) | |
| 4 | 2021_02_08_ScotWind_ Request for Meeting to Consider Options_Redacted.pdf | 11(2) - personal data | |
| 5 | 2021_02_09_Legal implications of a pause in ScotWind application window_Redacted.pdf |
11(2) – Personal Data 10(5)(d) – Confidentiality of proceedings |
|
| 6 | 2021_02_10_ScotWind - Strathclyde scope, Review scope_Redacted.pdf | 11(2) - personal data | |
| 7 | 2021_02_11_RE_ CES draft announcement on ScotWind_Redacted.pdf |
11(2) – Personal Data 10(4)(e) – Internal Communication |
|
| 8 | 2021_02_12_RE_ ScotWind Option structure review_Redacted.pdf | 11(2) - personal data | |
| 9 | 2021_02_15_SCOTWIND LEASING RAPID REVIEW OF OPTION STRUCTURE_Redacted.pdf | Email with attachment |
11(2) – Personal Data
Attachment has been withheld under EIRS exception 10(4)(e) Internal communications |
| 10 | 2021_02_15_Change of Control Clauses.png | Excerpt from agreement |
Email that contained draft summary of the Change of control clauses, which is withheld under EIRS exception 10(4)(d) materials in the course of completion as this email contains draft material which is incomplete data. Enclosed is the excerpt from the final version. It would be harmful to have draft versions of clauses that make up a legal document in the public domain, as it would lead to confusion. By providing the final versions, the public is still receiving the required information but without the risk of spreading misinformation. |
| 11 | 2021_02_16_RE_Contribution Request_EEFW Committee Report_Redacted.pdf | 11(2) – Personal Data | |
| 12 | 2021_02_17_Meeting Minute-ScotWind-Cab Sec ECCLR and CES Chair-9th February 2021_Redacted.pdf |
11(2) – Personal Data 10(5)(d) Confidentiality of proceedings |
|
| 13 | 2021_02_18_FW_ Meeting Minute-ScotWind-Cab Sec ECCLR and CES Chair_Redacted.pdf |
11(2) – Personal Data 10(5)(d) Confidentiality of proceedings |
|
| 14 | 2021_02_18_Immediate - Submission - ScotWind Pricing Structure_Redacted.pdf | Email with attachment |
11(2) – Personal Data
Attachment has been withheld under EIRS exception 10(5)(d) confidentiality of proceedings as it contains legal advice obtained from Crown Estate Scotland and 10(5)(e) information contained that is commercial in nature and is confidential and if released at this point of time (during the Clearing process which is still ongoing) it would significantly harm Crown Estate Scotland in the successful implementation of ScotWind Leasing round, brings value to the Scottish Consolidated Fund, Scotland’s supply chain and reaching our Net Zero targets. |
| 15 | 2021_02_19_RE_ ScotWind Portal message to registered applicants_Redacted.pdf | 11(2) – Personal Data | |
| 16 | 2021_02_19_PROTECT FW_ SWL_ early sight of Aurora material_Redacted.pdf | Email with attachments |
11(2) – Personal Data
Attachments are withheld under EIRS exception 10(5)(e) Confidentiality of commercial or industrial information |
| 17 | 2021_02_22_RE_ ScotWind results date query_Redacted.pdf | 11(2) – Personal Data | |
| 18 | 2021_02_23_Decision matrix for comment_Redacted.pdf | Email with attachment |
11(2) – Personal Data
Attachment is withheld under EIRS exception 10(4)(e) internal communication |
| 19 | 2021_02_23_Scotwind Review Meeting at 4pm today_Redacted.pdf | Email with attachment |
11(2) – Personal Data
Attachment is withheld under EIRS exception 10(4)(e) internal communication |
| 20 | 2021_02_25_Contribution to Cabinet paper_Redacted.pdf | Email with attachment |
11(2) – Personal Data
Attachment has been withheld under EIRS exception 10(5)(d) confidentiality of proceedings as it contains legal advice obtained from Crown Estate Scotland and 10(5)(e) information contained that is commercial in nature and is confidential and if released at this point of time (during the Clearing process which is still ongoing) it would significantly harm Crown Estate Scotland in the successful implementation of ScotWind Leasing round, brings value to the Scottish Consolidated Fund, Scotland’s supply chain and reaching our Net Zero targets. |
| 21 | 2021_03_01_Developer Letters_Redacted.pdf |
11(2) – Personal Data 10(5)(e) – we have not received permission from a specific developer to release this information. |
|
| 22 | 2021_03_01_Attachment_170221 Letter to Cabinet Secretary & Minister_Redacted.pdf | Attachment to email (Doc # 21) | 11(2) – Personal Data |
| 23 | 2021_03_01_Attachment_FEA Letter to Chair Crown Estate Scotland_Redacted.pdf | Attachment to email (Doc # 21) | 11(2) – Personal Data |
| 24 | 2021_03_01_Attachment_Scotwind letter to Cunningham MSP_Redacted.pdf | Attachment to email (Doc# 21) | 11(2) – Personal Data |
| 25 | 2021_03_01_Attachment_ScotWind letter to CES_SDI CC'd_Redacted.pdf | Attachment to email (Doc # 21) | 11(2) – Personal data |
| 26 | 2021_03_01_Attachment_Letter-Scottish Gov-2_Redacted.pdf | Attachment to email (Doc# 21) | 11(2) – Personal data |
| 27 | 2021_03_01_FW_ Draft board paper_Redacted.pdf | Email with attachment |
11(2) – Personal Data
Attachment has been withheld under EIRS exceptions: 10(5)(d) – Confidentiality of proceedings. Contains legal advice sought by Crown Estate Scotland. 10(5)(e) – Confidentiality of commercial or industrial information. As the Clearing process is still underway, this information must remain confidential, otherwise it would likely cause substantial economic harm to Crown Estate Scotland.
|
| 28 | 2021_03_02_RE_ ScotWind Review - Quality Issues_Redacted.pdf | 11(2) – Personal Data | |
| 29 | 2021_03_02_Attachment_ScotWind Leasing PaA Guidance Notes.pdf | Attachment to email (Doc # 28) | |
| 30 | 2021_03_02_Attachment_ScotWind Leasing PaA Offer Document.pdf | Attachment to email (Doc # 28) | |
| 31 | 2021_03_02_Attachment_ScotWind Leasing PaA Overview.pdf | Attachment to email (Doc # 28) | |
| 32 | 2021_03_02_Aurora report _Redacted.pdf | Email with attachment |
11(2) – Personal Data
Attachment has been withheld under EIRS exception 10(5)(e) - Confidentiality of commercial or industrial information |
| 33 | 2021_03_04_Paper for 2nd board_Redacted.pdf | Email with attachment |
11(2) – Personal Data 10(5)(e) – Confidentiality of commercial or industrial information
Attachment has been withheld under EIRS exception 10(5)(d) – confidentiality of proceedings as it contains legal advice sought by Crown Estate Scotland and 10(5)(e) – Confidentiality of commercial or industrial information. If released at this point of time (during the Clearing process which is still ongoing) it would significantly harm Crown Estate Scotland in the successful implementation of ScotWind Leasing round, brings value to the Scottish Consolidated Fund, Scotland’s supply chain and reaching our Net Zero targets. |
| 34 | 2021_03_05_ScotWind rapid review_Redacted.pdf | Email with attachment |
11(2) – Personal Data
Attachment has been withheld under EIRS exception 10(5)(d) – confidentiality of proceedings as it contains legal advice sought by Crown Estate Scotland and 10(5)(e) – Confidentiality of commercial or industrial information. If released at this point of time (during the Clearing process which is still ongoing) it would significantly harm Crown Estate Scotland in the successful implementation of ScotWind Leasing round, brings value to the Scottish Consolidated Fund, Scotland’s supply chain and reaching our Net Zero targets. |
| 35 | 2021_03_08_RE_ Arup contract with CES - VEAT notice iro ScotWind_Redacted.pdf | 11(2) – Personal data | |
| 36 | 2021_03_08_Advice to Ministers_ CES Board Position on Scotwind_Redacted.pdf | Email with attachment |
11(2) – Personal data
Attachment has been withheld under EIRS exception 10(5)(d) – confidentiality of proceedings as it contains legal advice sought by Crown Estate Scotland and 10(5)(e) – Confidentiality of commercial or industrial information. If released at this point of time (during the Clearing process which is still ongoing) it would significantly harm Crown Estate Scotland in the successful implementation of ScotWind Leasing round, brings value to the Scottish Consolidated Fund, Scotland’s supply chain and reaching our Net Zero targets. |
| 37 | 2021_03_08_RE_ Advice to Ministers_ CES Board Position on Scotwind_Redacted.pdf | 11(2) – Personal data | |
| 38 | 2021_03_12_RE_ Letters_Redacted.pdf | Email with attachment |
11(2) – Personal data
Attachment has been withheld under EIRS exception 10(5)(e) – Confidentiality of commercial or industrial information |
| 39 | 2021_03_15_Feedback_Redacted.pdf |
11(2) – Personal data 10(4)(e) – Internal communications |
|
| 40 | 2021_03_15_Updated Position of CES Board on ScotWind Rapid Review_Redacted.pdf | Email with attachment |
11(2) – Personal data
Attachment has been withheld under EIRS exception 10(5)(d) – confidentiality of proceedings as it contains legal advice sought by Crown Estate Scotland and 10(5)(e) – Confidentiality of commercial or industrial information. If released at this point of time (during the Clearing process which is still ongoing) it would significantly harm Crown Estate Scotland in the successful implementation of ScotWind Leasing round, brings value to the Scottish Consolidated Fund, Scotland’s supply chain and reaching our Net Zero targets. |
| 41 | 2021_03_16_Re_ Cabinet Decision Update__Redacted.pdf | 11(2) – Personal data | |
| 42 | 2021_03_16_Re_ Updated Position of CES Board on ScotWind Rapid Review_Redacted.pdf | Email with attachment |
11(2) – Personal data
Attachment has been withheld under EIRS exception 10(5)(e) – Confidentiality of commercial or industrial information. |
| 43 | 2021_03_23_RE_ Additional market analysis_Redacted.pdf |
11(2) – Personal data 10(5)(e) – Confidentiality of commercial or industrial information |
|
| 44 | 2021_03_23_Updated draft PR and Q&A _Redacted.pdf | Email with attachments |
11(2) – Personal data
One attachment as been withheld under EIRS exception 10(4)(e) – Internal communications |
| 45 | 2021_03_23_Attach_SWL review outcome Draft Press Release agreed option_Redacted.pdf | Attachment to email (Doc# 44) | 11(2) – Personal data |
| 46 | 2021_03_24_RE_ Updated draft PR and Q&A_Redacted.pdf | 11(2) – Personal data | |
| 47 | 2021_03_24_ScotWind_ letter from Cab Sec to CES Chair_Redacted.pdf | Email with attachments | 11(2) – Personal data |
| 48 | 2021_03_24_Attach_Letter to CES Chair.pdf | Attachment to email (Doc# 47) |
