Council response
Disclosure of the Braidbar Counsels’ opinions and memorials thereto were subject to a decision of the Scottish Information Commissioner a few years ago (see
www.itspublicknowledge.info/Applications.../2012/201200167.aspx).
The Commissioner upheld the Council’s decision to withhold this information from disclosure on the basis that it is covered by the exception at 10(5)(d) of the Environmental Information Regulations (Scotland).
I take the view that the consideration of the applicability of that exemption - detailed in paras 28 to 51 of the above - remains accurate and that these documents can not therefore be disclosed.
In addition to the Opinions referenced in your message, our Legal Services also asked for an Opinion from Scott Blair, Advocate, in 2012 and this was renewed in December 2017. Again, however, the argument detailed above would also apply to these later Opinions and associated documentation.
I am sorry that I am not able to offer you a more positive response.