Publication - FOI/EIR release

Correspondence regarding bids for Green Freeport status: FOI release

Published: 19 April 2023
Directorate: Economic Development Directorate
Topic: Economy, Public sector
FOI reference: FOI/202300337962
Date received: 16 January 2023
Date responded: 13 April 2023

Information request and response under the Freedom of Information (Scotland) Act 2002

Information requested

Can you release any bid documents submitted for the Green Freeport bidding process?

Can you release details on how each bid was assessed and details of who assessed the bids?

Can you release any assessment of the bids carried out by the Scottish Government?

Can you release any minutes, memos, notes, emails, agendas, attachments or correspondence on the topic of the Green Freeport bidding process since January 1 2022?

Response

Please accept our apologies for the delay in responding. This was due to the volume of information that it was necessary to consider.

I attach some of the information you requested. While our aim is to provide information whenever possible, in this instance we are unable to provide some of the information you have requested because exemptions under the following sections of FOISA apply to some of that information: section 30 (free and frank advice / exchange of views); section 33 (commercial interests); section 38 (personal information); and section 12 (excessive cost of compliance). The reasons why those exemptions apply are explained below.

Part 1. Can you release any bid documents submitted for the Green Freeport bidding process?

An exemption under section 38(1)(b) (personal information) of FOISA applies to some of the information you have requested. This exemption has been applied to personal information, such as signatures. This exemption is not subject to the ‘public interest test’, so we are not required to consider if the public interest in disclosing the information outweighs the public interest in applying the exemption.

An exemption under section 33(1)(b) (commercial interests) of FOISA also applies to some of the information you have requested. This exemption 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 exemption. We have found that, on balance, the public interest lies in favour of upholding the exemption. We recognise that there is a public interest in disclosing information as part of open and transparent government, and to help account for the expenditure of public money. However in this case we have concluded that in order to continue to ensure best value for public money, the commercial interests of companies should not be disclosed.

Part 2. Can you release details on how each bid was assessed and details of who assessed the bids?

The process for assessing the bids is set out in the Green Freeports Bidding Prospectus which can be accessed at https://www.gov.uk/government/publications/green-freeports-in-scotland-bidding-prospectus/green-freeports-in-scotland-bidding-prospectus-delivered-in-partnership-by-the-scottish-government-and-the-uk-government#section-5-application. The bids were assessed by officials from relevant policy areas in Scottish Enterprise, the Scottish Government and the UK Government. A decision-making note with further information on the assessment has been published at https://www.gov.uk/government/publications/scottish-green-freeports-decision-making-note.

Part 3. Can you release any assessment of the bids carried out by the Scottish Government?

Exemptions under section 30(b)(i) of FOISA (free and frank provision of advice) and section 30(b)(ii) (free and frank exchange of views for the purposes of deliberation) apply to all of the information requested. These exemptions applies because disclosure would, or would be likely to, inhibit substantially the free and frank provision of advice, or the free and frank exchange of views for the purposes of deliberation. The exemptions recognise the need for officials to have a private space within which to provide free and frank advice to Ministers before the Scottish Government reaches a settled public view. Disclosing the content of free and frank advice on the assessment of proposals for the delivery of Green Freeports will substantially inhibit the provision of such advice in the future, particularly as these discussions relate to commercially sensitive information. This exemption 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 exemption. We have found that, on balance, the public interest lies in favour of upholding the exemption. 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 provide full and frank advice to Ministers, as part of the process of exploring and refining the Government’s position on the delivery of Green Freeports, until the Government as a whole can reach a settled position on the approach to policy delivery. This private thinking space is essential to enable all options to be properly considered, based on the best available advice, so that good decisions can be taken. Premature disclosure is likely to undermine the full and frank discussion of issues between Ministers and officials, which in turn will undermine the quality of the decision making process, which would not be in the public interest.

Part 4. Can you release any minutes, memos, notes, emails, agendas, attachments or correspondence on the topic of the Green Freeport bidding process since January 1 2022?

While our aim is to provide information whenever possible, in this instance the cost of locating, retrieving and providing the information requested would exceed the upper cost limit of £600. Due to the broad nature of the request, covering a range of information sources of a period of more than one year, the cost of locating, retrieving and providing the information would reach £2760. Under section of FOISA, public authorities are not required to comply with a request for information if the authority estimates that the cost of complying would exceed the upper cost limit, which is currently set at £600 by Regulations made under section 12.

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.