Publication - FOI/EIR release

Resignation from the Chairman of Prestwick Airport: FOI release

Published: 30 August 2024
Directorate: Economic Development Directorate
Topic: Economy, Public sector, Transport
FOI reference: FOI/202400406360
Date received: 26 March 2024
Date responded: 18 April 2024

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

Information requested

All correspondence (including letters, email and other electronic/digital messaging) in relation to Scottish Ministers being informed of Forsyth Black's resignation from his role as the chairman of Prestwick Airport. I would also like any responses from ministers to the resignation.

Response

Please find attached the information relevant to this part of your request. While our aim is to provide information whenever possible in this case as exemptions under sections of FOISA apply. The reasons for this are set out in the annex of this letter.

ANNEX - REASONS FOR NOT PROVIDING INFORMATION

Section 30(c) of FOISA (effective conduct of public affairs)
This exemption applies to some of the information requested. This exemption applies because disclosure would, or would be likely to, cause substantial prejudice to the effective conduct of public affairs in relation to communications and engagement with external stakeholders.

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 maintaining good relations between the Scottish Government and Glasgow Prestwick Airport and in protecting the free exchange of information between both to ensure that we keep each other fully and regularly informed about matters of mutual interest.. There is no public interest in disclosing information when that will damage relationships and disrupt future engagement.

Section 36(1) – Legal Advice
An exemption under section 36(1) of FOISA (confidentiality in legal proceedings) applies to some of the information requested because it is legal advice and disclosure would breach legal professional privilege. 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 some public interest in release as part of open and transparent government, and to inform public debate. However, this is outweighed by the strong public interest in maintaining the right to confidentiality of communications between legal advisers and clients, to ensure that Ministers and officials are able to receive legal advice in confidence, like any other public or private organisation.

Section 38(1)(b) – Personal data
This exemption applies to some of the information requested because it is personal data of a third party, i.e. names and contact details, and disclosing it 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.

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.