Correspondence regarding Chief Executive of CalMac Ferries: EIR release

Information requested

Q1. Meeting minutes, external correspondence, read out of phone calls or any other documentation, including electronic communications and What's App which relate to the Cabinet Secretary’s discussions with the board of CalMac Ferries Ltd (CalMac) or David MacBrayne Ltd about Robbie Drummond's performance and position as Chief Executive between January 1, 2024 and April 3 (both dates inclusive), 2024.

Q2. Meeting minutes, external correspondence, read out of phone calls or any other documentation, including electronic communications and What's App which relate to the Scottish Government being informed by the board of CalMac Ferries Ltd (CalMac) or David MacBrayne Ltd about Robbie Drummond's position as Chief Executive from April 3, 2024 to May 3, 2024.

Response

The answer to your first question:

Under the terms of the exception at regulation 10(4)(a) of the EIRs (information not held), the Scottish Government is not required to provide information which it does not have. The Scottish Government does not have the information you have requested because no information is held relating to the Cabinet Secretary and DML Board discussing Robbie Drummond's performance and position between the dates requested, and the decision to terminate Robbie Drummond's contract did not involve the Cabinet Secretary. The decision to terminate Robbie Drummond’s contract was one that was taken independently by the Board of David MacBrayne Limited. Ministers’ responsibilities for appointments concern the Chair and non-Executive Directors only.

The answer to your second question:

Please see attached Annex A and B with information requested in relation to the Scottish Government being informed by the DML Board of Robbie Drummond's position between the dates requested.

An exemption under section 38(1)(b) of FOISA applies to some the information you have requested. Information is exempt under section 38(1)(b) if It is personal data of a third party, i.e. the names and contact details of individuals, and disclosing it would contravene the data protection principles in Schedule 1 of the Data Protection Act 1998. This exemption is not subject to the 'public interest test', therefore we are not required to consider if the public interest in disclosing the information outweighs the public interest in applying the exemption.

An exception under regulation 10(4)(e) of the EIRs applies to some of the the information you have requested. because it is internal correspondence between civil servants and Ministers relating to sensitive information.

This exception is subject to the 'public interest test'. Therefore, taking account of all the circumstances of this case, we have considered if the public interest in disclosing the information outweighs the public interest in applying the exception. We recognise that there is a public interest in disclosing information as part of open, transparent and accountable government, and to inform public debate. However, there is a greater public interest in allowing a private space within which officials can have free and frank discussions. It is clearly in the public interest that advice is robustly debated and scrutinised. Premature disclosure of this type of information could lead to a reduction in the comprehensiveness and frankness of such advice and views in the future, which would not be in the public interest.

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.

EIR 202400422255 - Information Released - Annex A

File type

15 page PDF

File size

222.8 kB

EIR 202400422255 - Information Released - Annex B

File type

1 page PDF

File size

46.6 kB