Direct Award and Procurement of Ferries: FOI review

Information requested

I have completed my review of our response to your request under the Freedom of Information (Scotland) Act 2002 (FOISA).

I have concluded that the original decision should be confirmed, with modifications.

You asked:

1. Can you advise what sections have been redacted and why?
2. Can you confirm no business case was submitted to Procurement asking for permission to directly award to a Scottish company to preserve strategic Scottish jobs and capacity to build ships?

Response

1. The documents attached to the reply to your request show which sections have been redacted and the covering letter explains why these redactions have been made, referring to a number of FOISA exemptions, including consideration of the public interest test. However, the response did not clarify which exemption had been applied to which redaction and I have added that information below.

Annex A of the material released has one redaction, of a staff member's phone number, in line with Section 38(1)(b) of FOISA (personal information).

Annex B(i) includes redactions in accordance with a number of FOISA exemptions as listed in the reply to your original request. Specifically:

In the document dated 24 August 2022:

• Names of officials are redacted in line with Section 38(1)(b) of FOISA (personal information);
• Redactions noted at paragraphs 17, 26 and 44 were in line with Section 30(b)(i) of FOISA (free and frank provision of advice);
• Redactions noted at paragraphs 22, 36 and 40 were in line with Section 33(2)(b) (financial interests of a UK administration);
• Redactions noted at paragraphs 30 and 31 were in line with Section 33(1)(b) (commercial interests);
• Annex B to the 22 August document was noted "out of scope" but should have been marked as redacted in line with Section 33(2)(b) (financial interests of a UK administration). The redaction at paragraph 4 should have been marked "out of scope".

In the document dated 22 December 2022:

• Names of officials are redacted in line with Section 38(1)(b) of FOISA (personal information) Redactions noted at paragraphs 81 and 99 were in line with Section 30(b)(i) of FOISA (free and frank provision of advice);
• Redactions noted at paragraphs 49, 55, 89, 92 and 93 were in line with Section 33(2)(b) (financial interests of a UK administration);
• Redactions noted at paragraphs 48, 68, 69, 71, 74, 76, 78, 84, 85, 95 and under "Tender Review - Overview" were in line with Section 33(1)(b) (commercial interests).

In paragraphs 47, 49, 70 and 92 of the 22 December document, the total project capital cost was redacted. However as this is the same figure quoted in paragraph 2 of the 24 August document, I can confirm that on each of these 4 occasions the figure redacted is £115 million.

Annex B(ii) - this document includes a number of redactions.

Page 4, Page 6 final bullet, Page 9 redacted in line with Section 33(2)(b) (financial interests of a UK administration).

Page 12 final bullet should have been marked "out of scope" rather than "redacted".

On Page 3, the final bullet point was redacted but, on review, I have concluded that this was not covered by any of the FOISA exemptions. The redacted bullet point reads:

"Short, medium and longer term investment plan required to bring confidence in the future of the networks an support lifeline services".

2. I can confirm that "no business case was submitted to Procurement asking for permission to directly award to a Scottish company to preserve strategic Scottish jobs and capacity to build ships".

About FOI

The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at http://www.gov.scot/foi-responses.