DMARINE Marine Scotland Riaghalms no hrAle DIRECTORATE FOR MARINE SCOTLAND Ivl Scottish Government gov.scot Lily Christine Richards Our Reference: 202000018768 19 March 2020 Dear Ms Richards, Further to my letter of 3rd March 2020 and 16th March 2020, have now completed my review of our response to your request under the Environmental Information (Scotland) Regulations 2004 (Ele) sent to you on 31 st January 2020. Your Reguest In your previous request you asked for the following information conceming 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 fanning organisations since he became Cabinet Secretary in May 2016: i) The Scottish Salmon Producers' Organisation ii) Marine Harvest (now known as Mowi) The Scottish Salmon Company iv) Scottish Sea Farms v) Loch Duart Limited vi) Dawnfresh Farming Limited Scottish Ministers special advises and the Permanent Seaetary are covered by the terms nfthe Lobbying (Smtland) An 2016. See . '4 . St Andrew 5 House, Regent Road, Edinburgh EH1 3DG e' INVESTORS "creamed a IN PEOPLE _iitil,'iilu mm vii) Kames Fish Farming Limited viii) Greig Seafood ix) Cooke Aquaculture Scotland x) 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. You asked for a review of the previous request reply as you considered it unlikely that there would be no records or minutes of the specified meetings held with various fish farm companies, other than those held with the AILG. Response To Your Request I have concluded that a different decision should be substituted. When conducting this review, further searches have been undertaken and three documents have been identified as falling within scope of your request. However, while our aim is to provide information whenever possible, in this instance we are unable to provide the information you have requested as an exception under regulation 10 (4) (e) of the EIR's (internal communications) applies to that information. This exception applies to all of the information you have requested because they are internal communications between Scottish Government officials and ministers about business strategies within the aquaculture industry and associated policy making processes. This exception is subject to the 'public interest test'. Therefore, taking account of all the circumstances of this case, I have considered if the public interest in disclosing the information outweighs the public interest in applying the exception. I have found that on balance, the public interest lies in favour of upholding the exception. I recognise that there is some public interest in release as part of an open, transparent and accountable government to inform public debate. However, there is a greater public interest in protecting the development of the Scottish aquaculture industry and ensuring that the Scottish Government is able to conduct this aspect of its business effectively. Disclosing this information would prejudice our ability to do this, which would not be in the public interest. If you are unhappy with the outcome of this review you have the right to appeal to the Scottish Information Commissioner about our decision within 6 months of receiving this letter. Information on how to make an appeal, along with an application form, is available on the Commissioner's website at: http://www.itspublicknowledge.info/YourRights/Unhappywiththeresponse/AppealingtoCommissioner.aspx. Scottish Ministers, special advisers and the Permanent Secretary are covered by the terms of the Lobbying (Scotland) Act 2016. See www.lobbying.scot St Andrew"s House, Regent Road, Edinburgh EH1 3DG www.gov.scot You can also contact the Commissioner at: The Scottish Information Commissioner Kinburn Castle Doubledykes Road St Andrews Fife KY16 9DS E-mail: enquiries@itspublicknowledge.info Telephone: 01334 464610 Should you then wish to appeal against the Commissioner's decision, there is a right of appeal to the Court of Session on a point of law only. Yours sincerely Murdo MacLeod DMARINE : Marine Scotland Compliance Scottish Ministers, special advisers and the Permanent Secretary are covered by the terms of the Lobbying (Scotland) Act 2016. See www.lobbying.scot St Andrew"s House, Regent Road, Edinburgh EH1 3DG www.gov.scot