Freedom of Information Request - Schedule 1 Licences
Date: 14 March 2025
Our ref: SIR178679/A5024347
Information Request – Schedule 1 Licences
Your Request
1. All communication and correspondence within the last 18 months (internal and external) between Nature Scot and any other party, with the exception of the Scottish Raptor Study Group. Relating to proposals to change or amend the conditions of the Schedule 1 licences issued by Nature Scot to disturb birds of prey.
2. All communication between Nature Scot and Scottish Land and Estates and any gamekeeper organisation within the last eighteen months relating to schedule 1.licences issued by Nature Scot for the purposes of disturbing schedule 1 bird species.
3. All communication and correspondence within the last 18 months (internal and external) between Nature Scot and any other party, with the exception of the Scottish Raptor Study Group. Relating to the satellite tagging of any raptor species.
4.All communication between Nature Scot and Scottish Land and Estates and any gamekeeper organisation within the last 18 months relating to the use of satellite tags to monitor raptor species.
Our Response
Following a search of the information we hold our response is attached separately.
We have withheld some correspondence containing legal advice. We are withholding this information under EIRs Regulation 10(5)(d) (confidentiality of proceedings). Regulation 10(5)(d) of the EIRs provides that a public authority may refuse to make information available to the extent that its disclosure would, or would be likely to, prejudice substantially the confidentiality of the proceedings of any public authority where such confidentiality is provided for by law.
We have also withheld an internal paper under Regulation 10(4)(e) - Internal Communications. We have concluded that, in this specific instance, the public interest in making the information available is outweighed by the public interest in withholding it. There is a need, on occasion, for public bodies to have space to exchange views and information on developing areas of work.
We have redacted personal data from the documents because releasing personal data into the public domain in response to an access to information request would breach the Data Protection Act 2018. We are therefore withholding the information under 11(2) (Personal Data) of the EIRs.
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).
