Freedom of Information Request - Evidence of Previous Discussion with SRSG re: Proposed New Condition Schedule 1 Licence
Date: 10 March 2025
Our ref: SIR179256/A5027113
Information Request – Evidence of Previous Discussion with SRSG re: Proposed New Condition Schedule 1 Licence
Your Request
Further to our meeting on Friday 7 February 2025 between NS, SRSG, RSPB Scotland and BTO Scotland, I'd like to request some documentary evidence.
In the letter written by Harper Macleod LLP on 9 January 2025, in paragraph 15 (iii) it states:
"...the fact that SRSG had been heavily involved in the discussions leading to the substantive decision..." [to introduce a new condition to Sched 1 licences relating to advanced notification to landowners of licensed visits].
During the meeting on 7 February 2025, [redacted] denied that the proposed licence condition was at the behest of the SGA and told us that 'discussions have been going on for years'. During the same meeting, [redacted] said, "We are not under pressure from the SGA" [to introduce a new licence condition].
Having spoken with colleagues in the SRSG, nobody can recall any previous direct discussion between SRSG and NS about this issue (until it became apparent to us in autumn 2024 via sources other than NS).
Please can you provide documentary evidence, including dates, of previous direct discussion between NS and SRSG on this issue.
Our Response
Following a search of the information we have we can confirm we have no recorded information to share in response to your request. We do not hold any records of discussions with SRSG on a specific licence condition before November 2024. This means that EIRs Regulation 10(4)(a) (Information not held) applies to your request.
In the letter written by Harper Macleod LLP on 9 January 2025, in paragraph 15 (iii) this points to SRSG engagement with NatureScot on the issues around access for monitoring and the relationships between licence holders and land managers, which have been discussed on numerous occasions and in various forums over a number of years, including during the development of the Best Practice Guidance.
How We Handled Your Request
We believe you have asked for environmental information as defined in the Environmental Information (Scotland Regulations 2004 (‘the EIRs’), so we are dealing with your request under those regulations. To be able to use the EIRs, we must apply an exemption under section 39(2) of the Freedom of Information (Scotland) Act 2002 (‘FOISA’). The Scottish Information Commissioner’s guidance recommends that public authorities apply this exemption to environmental information and handle request under the EIRs.
If you would like to find out more about the access to information legislation, there is a guidance booklet available on the Scottish Information Commissioner’s website.
Review and Appeal
I hope this information meets your requirements, but if you are dissatisfied with how we have responded to your information request, please write to us within 40 working days explaining your concerns. You can contact us at Battleby, Redgorton, Perth, PH1 3EW or email us at [email protected]. We will carry out a review of our response and contact you with our findings within 20 working days.
If you are not satisfied following this, you can make an appeal to the Scottish Information Commissioner within 6 months. The Scottish Information Commissioner can be contacted at:
Scottish Information Commissioner
Kinburn Castle
Doubledykes Road
St Andrews
Fife
KY16 9DS
Telephone: 01334 464610
Yours sincerely
FOI Officer,
NatureScot
Document downloads
Due to accessibility issues the attached information, referenced above, is available on request by contacting the FOI team at [email protected]. Please reference the case number (starting with SIR).
