Chamber and committees

The Scottish Government endeavours to provide information in response to requests wherever possible. The provisions of section 29(1)(a) (formulation or development of government policy) or other exemptions under the Freedom of Information (Scotland) Act 2002 (FOISA) should only be applied in order to withhold information where necessary, in the public interest.

Anyone who has made a request for information has the right to ask the Scottish Government to carry out a review if they have concerns about the handling of their request. The Scottish Government has a statutory obligation to carry out such a review and provide a further response to the requester within 20 working days. The review will be carried out by a Scottish Government official who was not involved in the decision-making process for the original request, and who can therefore consider afresh any matters of concern raised by the requester - including whether exemptions from disclosure have been appropriately applied. Following the review, the requester has the right to apply to the Scottish Information Commissioner for a decision on their request, if they remain dissatisfied.

Outside of the statutory process for individual reviews described above, there is no requirement for the Scottish Government to proactively revisit FOI responses previously issued to see if the sensitivity of information has changed over time in a way which would mean exemptions no longer apply. As the Scottish Government responds to over 5,000 requests per year, it would be impractical to do so.

However, the Scottish Government is also committed to making information about all areas of its work proactively available, for example through its frequent planned publications on the Scottish Government website.

We have had extensive engagement with stakeholders to ensure we understand all perspectives in this debate and represent this in our engagement with the UK Government. The Scottish Government has not had specific discussions with Ofgem on the interaction between zonal pricing and transmission network use-of-system charges. Officials have been, and will continue to, work with UK Government, Ofgem and other industry stakeholders to ensure we fully consider the impacts of potential market reforms.

For offshore wind, as part of the environmental assessment processes undertaken for the updated Sectoral Marine Plan for Offshore Wind Energy, a cumulative assessment considering existing, consented and proposed impacts on protected seabird species is being undertaken and will published for consultation this Spring.

For onshore wind, at present, a full cumulative impact assessment across all onshore wind farm developments has not been undertaken.

Scottish Government has not funded any projects into technical or operational measures to reduce bird collisions since 2020. Since 2020 Scottish Government has focussed on improving the evidence base on bird collision risk by funding research on establishing seabird flight heights and the quantification of potential collisions of seabirds with wind-turbine blades through modelling.

The Scottish Government does not currently have plans to update the Scottish seabird sensitivity map. The Scottish seabird sensitivity map was last published in August 2024 following updates in over 2021-2023. There are various streams of work underway through the Scottish Marine Energy Research Programme (ScotMER) that will improve relevant parameters including seabird distributions, population trends and collision risk, required to update the tool. Once this work is completed, we may revisit and update the seabird sensitivity map.

In respect of offshore wind farms, three consents have been issued since 1 January 2022. All three have requirements for ornithological monitoring via a condition for a Project Environmental Monitoring Programme (PEMP). In the event that further potential adverse environmental effects are identified, for which no predictions were made in the application, the Scottish Ministers may require the developer to undertake additional monitoring through the PEMP condition.

All information related to determinations made by Scottish Ministers in respect of onshore wind farm developments, including related conditions, is publicly available on our Energy Consents website: Scottish Government - Energy Consents Unit - Application Search . In cases where deemed planning permission is granted, any conditions of that deemed planning permission would be discharged by the Planning Authority.

As part of their applications for consent under the Electricity Act 1989, developers undertake environmental impact assessment (EIA), including collision risk modelling to estimate annual collisions in respect of ornithological receptors. The results of such modelling for offshore wind are available within the EIA Reports published on the Marine Directorate – Licensing Operations Team website: https://marine.gov.scot/marine-projects.

Data provided by offshore wind developers indicate a total of 2 confirmed collisions have been reported at operational offshore wind farms in the last 5 years – one kittiwake (date not provided) and one herring gull (July 2024).

NatureScot collect data for bird strikes at onshore wind farms via their online reporting tool. The reporting is voluntary, meaning it is likely they only receive reports on a proportion of strikes. Where possible the data is supplemented with information they receive from general correspondence.

The mitigation of bird strikes at onshore wind farms is decided on a case-by-case basis. Any mitigation measures provided in the development's application documentation, specifically the Environmental Impact Assessment (EIA), is subject to statutory and other relevant consultees analysing the data and providing their technical expertise. If necessary, consultees will request additional ecological, ornithological and environmental data and information that will inform any decisions on mitigations.

In respect of offshore wind farms, six reports have been submitted to the Marine Directorate – Licensing Operations Team. Reports consider the distribution and abundance of seabirds around wind farms or protected sites and what this may mean in terms of their displacement from wind farm areas, with some reports discussing implications for collision avoidance rates used in modelling.

All information related to determinations made by Scottish Ministers in respect of onshore wind farm developments, which may include conditions such as post-construction ornithological monitoring, is publicly available on our Energy Consents website: https://www.energyconsents.scot/ApplicationSearch.aspx.

Regarding the consenting process for new energy infrastructure, the environmental impacts of developments are examined according to provisions of the Electricity Act 1989, relevant Environmental Impact Assessment regulations, and habitats regulations, alongside relevant policy.