Publication - FOI/EIR release

Correspondence regarding Glen Rosa and Glen Sannox vessels and Ardrossan Harbour: EIR release

Published: 11 November 2024
Topic: Public sector, Transport
FOI reference: EIR/202400412198
Date received: 2 May 2024
Date responded: 31 May 2024

Information request and response under the Environmental Information (Scotland) Regulations 2004

Information requested

1. Could you supply the current timetable for work to upgrade Ardrossan Harbour, and whether a new business case needs to be written for it?

Could you also supply any analysis done on this work?

2. Could you supply all correspondence sent and received by Transport Scotland about delays to upgrading Ardrossan Harbour?

3. Could you supply all analysis undertaken on how long Glen Rosa and Glen Sannox will take to be completed, done within the last 12 months?

How much money has been set aside by yourselves to build the two ferries overall?

4. Could you supply all analysis undertaken by Transport Scotland on Barry Smith's CMAL report into alleged fraud?

5. Could you supply all correspondence sent and received by Transport Scotland, including briefings, from Peel Ports or about Peel Ports, between January 1 2024 and the date of this FOI?

Did they consult yourselves before closing the Irish berth?

6. Could you supply all correspondence held surrounding the launch of Glen Rosa in April?

Includes internal correspondence and invites etc.

Response

As the information you have requested is ‘environmental information’ for the purposes of the Environmental Information (Scotland) Regulations 2004 (EIRs), we are required to deal with your request under those Regulations. We are applying the exemption at section 39(2) of the Freedom of Information (Scotland) Act 2002 (FOISA), in our responses to questions 1-2 and 4-6 so that we do not also have to deal with your request under FOISA.

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, because there is no public interest in dealing with the same request under two different regimes. This is essentially a technical point and has no material effect on the outcome of your request.

Response to your request
I enclose a copy of most of the information you requested both in the form of answers to the questions posed and attachments of the documents you asked for. It is also recorded that a separate request has been submitted and answered on the Ardrossan Harbour Project which was responded under 2023/00386171 with the available relevant information being provided at that time.

Q 1. Could you supply the current timetable for work to upgrade Ardrossan Harbour, and whether a new business case needs to be written for it?

Could you also supply any analysis done on this work?

1. Currently there is no indicative timetable and/or programme for the Ardrossan Harbour Redevelopment Project as the procurement stage is currently paused to allow for a business case and cost exercise review to be undertaken.

Regulation 10(4)(a) - Information not held

The business case and cost exercise currently being undertaken by Transport Scotland and the project partners is still being developed and such is unable to be released as is considered material in the course of completion including commercially sensitive information which does not meet the public interest test for release.

EIR Exception - Regulation 10(4)(d) - Material in the course of completion, etc
EIR Exception - Regulation 10(5)(e) - Confidentiality of commercial or industrial information

Q 2. Could you supply all correspondence sent and received by Transport Scotland about delays to upgrading Ardrossan Harbour?

2. I would again refer the author to the Ardrossan Task Force webpage which contains outlines Minutes of meeting and contains information pertaining to project progress and any delays. Ardrossan Harbour Task Force | Transport Scotland

It is noted that the Ardrossan Task Force recently met on 16 May 2024 and the Minutes are expected to be published in the near future, and can be accessed via the web link above. There is already information in the public domain including Parliamentary Questions – delay to Ardrossan Harbour referenced under

S6O-03451 To ask the Scottish Government whether it will provide an update on the redevelopment of Ardrossan Harbour

S6O-02548 To ask the Scottish Government whether it will provide an update on the procurement process for the upgrade of Ardrossan harbour.

S6O-01378 To ask the Scottish Government whether it will give an update on the work to upgrade Ardrossan Harbour

In addition a FOI request numbered 2023/00350274 along with your previously referenced case 2023/00386171 are relevant.

Additional Correspondence identified for the question raised “Ardrossan - delays to project” can be found under in the annex under Attachment 2.

Q 3. Could you supply all analysis undertaken on how long Glen Rosa and Glen Sannox will take to be completed, done within the last 12 months? -How much money has been set aside by yourselves to build the two ferries overall?

3a The Scottish Government has a policy of proactive publication of a wide range of documents regarding build out of the Glen Sannox and Glen Rosa vessels. These include progress reports, risk registers, and minutes of meetings covering progress on key milestones, risks and mitigations, and delivery. These documents can be accessed here: https://www.gov.scot/collections/ferguson-marine-documents/ and Ferguson Marine Hull 801 Acceptance Group - gov.scot (www.gov.scot).

I therefore apply Section 25 of FOISA, which exempts information from disclosure where the requester can reasonably obtain the information without making a request for it. If, however, you do not have internet access to obtain this information from the websites listed, then please contact me again and I will send you a paper copy.

3b The budget allocation for Ferguson Marine for 2024/25 is £42.5m (for reference see https://www.gov.scot/publications/scottish-budget-2024-25/pages/11/.

Q 4. Could you supply all analysis undertaken by Transport Scotland on Barry Smith's CMAL report into alleged fraud?

4. The requested information is in the annex under Attachments 4

Q 5. Could you supply all correspondence sent and received by Transport Scotland, including briefings, from Peel Ports or about Peel Ports, between January 1 2024 and the date of this FOI?

-Did they consult yourselves before closing the Irish berth?

5 Transport Scotland were only informed on Friday 2 February of Peel Ports decision to close the Irish berth permanently. This is extremely disappointing but responsibility for safety lies with Peel Ports as the Statutory Harbour Authority. They are also responsible for the upkeep, maintenance and replacement of the infrastructure in the port.

The Correspondence you requested is as per a previous FOI 202400398062 - in the annex under Attachments 5.

Q 6. Could you supply all correspondence held surrounding the launch of Glen Rosa in April? Includes internal correspondence and invites etc.

6 I have taken the question to refer to the planning and organisation of the Glen Rosa launch when answering this question.

The requested information is in the annex under Attachment 6 and Invite lists.

About FOI

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