The MV Glen Sannox vessel and Ferguson Marine meetings: FOI release

Information requested

“On 1st October 2023, the Herald newspaper published a story including this quote from a Transport Scotland spokesperson:

“Transport Scotland, the Scottish Government, CMAL and [Ferguson Marine] meet weekly to discuss the progress of MV Glen Sannox towards handover, including the LNG system requirements, and to ensure the vessel is fully commissioned when delivered.”

Source:

https://www.heraldscotland.com/news/23824533.concern-scots-ferry-fiasco-ferries-cmal-delivery-warning/

Please provide all minutes/notes/briefings held by the Scottish Government relating to the weekly meetings described in the above quote, from 1st October 2022 – date.”

Response

We have interpreted your request as relating specifically to the series of meetings referred to in the Herald article of 1st October 2023, referenced in your request.

While our aim is to provide information wherever we can, on this occasion after reviewing the information on a line-by-line basis we are unable to provide you with some of the information you have requested as statutory exemptions under FOISA apply. Details on what exemptions apply and why can be found in the annex attached.

ANNEX

Section 30(b)(ii) – Free and frank exchange of views for the purposes of deliberation [in relation to communications/meetings with external stakeholders]

An exemption under section 30(b)(ii) of FOISA (free and frank exchange of views) applies to some of the information requested. This exemption applies because disclosure would, or would be likely to, inhibit substantially the free and frank exchange of views for the purposes of deliberation. This exemption recognises the need for Ministers and officials to have a private space within which to discuss issues and options with stakeholders. Disclosing the content of these discussions between Ferguson Marine, CMAL and CalMac on funding, planning and delivery will substantially inhibit such discussions in the future, due to risk of reluctance in providing views fully and frankly for belief that those views may be made public, particularly while some of the matters discussed are still ongoing, and/or these discussions relate to a sensitive or controversial issue such as technical aspects of design and certification and management of contractors.

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 officials a private space within which to communicate with stakeholders as part of the process of oversight of governance arrangements in delivery of hulls 801 and 802. This private space is essential to enable options to be properly considered, so that good decisions can be taken based on fully informed advice and evidence. Premature disclosure is likely to undermine the full and frank discussion of issues between the Scottish Government and these stakeholders, which in turn will undermine the quality of the decision making process, which would not be in the public interest.

Section 30(c) – Substantial prejudice to the effective conduct of public affairs

An exemption under section 30(c) of FOISA (prejudice to effective conduct of public affairs) applies to some of the information requested. It is essential for Ministers and officials to be able to communicate, often in confidence, on a range of issues, including matters of a commercially sensitive nature. These discussions relate to detailed and sensitive commercial matters. Disclosure of the information requested would significantly harm the Government’s ability to carry out many aspects of its work, and could adversely affect its ability to gather all of the evidence it needs to make fully informed decisions.

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 officials a private space within which to communicate with stakeholders as part of the process of oversight of governance arrangements in delivery of hulls 801 and 802. This private space is essential to enable options to be properly considered, so that good decisions can be taken based on fully informed advice and evidence. Premature disclosure is likely to undermine the full and frank discussion of issues between the Scottish Government and these stakeholders, which in turn will undermine the quality of the decision making process, which would not be in the public interest.

Section 38(1)(b) – Personal information

An exemption under section 38(1)(b) of FOISA (personal information) applies to some of the information requested because it is personal data of a third party, i.e. names and contact details. Disclosing this information would contravene the data protection principles in Article 5(1) of the General Data Protection Regulation and in section 34(1) of the Data Protection Act 2018. 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.

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FOI 202300378973 - Information Released - Annex

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