marinescotland T. The Scottish 5. Government Riaghaltas na h'Alha Lily Christ Richards Eyewit-- Our Ref: 2020/00018 31 January 2020 Dear Nb Richards REQUEST UNDER THE ENVIRONMENTAL INFORMATION (SCOTLAND) REGULATIONS 2004 (Ele): FOISAIEIR 2020/00018 Thank you for your request of 4 November 2019 under the Environmental Information (Scotland) Regulations 2004 (Ele). Your reguest You asked for the following information concerning Cabinet Secretary, Fergus Ewing MSP and his relationship with the salmon farming industry in Scotland: 1. How many meetings the Cabinet Secretary has had with representatives of the following salmon farming organisations since he became Cabinet Secretary in May 2016: i The Scottish Salmon Producers' Organisation ii Nhrine Harvest (now known as Nowi) The Scottish Salmon Company iv Scottish Sea Farms Loch Duan Limited vi Dawnfresh Farming Limited vii Kames Fish Farming Limited Greig Seafood ix Cooke Aquaculture Scotland Wester Ross Fisheries This should include meetings with employees, substantial shareholders, beneficial owners and others associated with those companies. 2. Records or minutes of any meetings held as per the request under 1 above. Victoria Duay' Edinburgh EH6 600 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 to your request In the time period you specify, Mr Ewing had the following number of meetings with representives of the companies you mention above: Organisation/Company/Group Scottish Salmon Producers’ Organisation Marine Harvest (now known as Mowi) Scottish Salmon Company Scottish Sea Farms Loch Duart Limited Dawnfresh Farming Limited Kames Fish Farming Limited Greig Seafood Cooke Aquaculture Scotland Wester Ross Fisheries AILG Farmed Fin Fish Summit Total Meetings 4 6 3 2 1 6 0 2 1 0 10 1 36 The agendas and action points of the Aquaculture Industry Liaison Group (AILG) are available at https://aquaculture.scot/news-updates/. 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 above, then please contact me again and I will send you a paper copy. While our aim is to provide information whenever possible, in this instance the Scottish Government does not have some of the information you have requested. Therefore we are refusing part of your request under the exception at regulation 10(4) (a) of the EIRs. The reasons why that exception applies are explained in the Annex to this letter. Victoria Quay, Edinburgh EH6 6QQ www.scotland.gov.uk/marinescotland  Your right to a Review If you are unhappy with this response to your information request you may ask us to carry out an internal review of the response by writing to Director, Marine Scotland, Area GB Nonh, \fictoria Quay, Edinburgh, EH6 600, or by email directormarinescotland@govscot . Your review request should explain why you are dissatisfied with this response, and should be made within 40 working days from the date when you received this letter. We will complete the review and tell you the result, within 20 working days from the date when we receive your review request. If you are not satisfied with result of the review, you then have the right to appeal to the Scottish Information Commissioner (SIC). More detailed information on your appeal rights is available on the Commissioner's website at: ssioner.asgx . Yours sincerely Aquaculture Health and Welfare ANNEX A REASONS FOR NOT PROVIDING INFORMATION Exception 10 (4) Under the terms of the exception at regulation 10(4) of the Ele (information not held), the Scottish Government is not required to provide information which it does not hold. 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. While we recognise that there may be some public interest in information about meetings between Mr Ewing and the aquaculture industry, clearly we cannot provide information which we do not hold. Victoria Duay, Edinburgh EH6 600 govuk/marinescotland 5" i $014001 ?g 2 . . . {"13 Quay, Edinburgh EH6 6QQ 1 .56 Mme he