Documentation held by the Scottish Government regarding BAE Systems: EIR release

Information requested

Could you supply all documentation held by the Scottish Government about BAE Systems between November 1 2023 and February 1 2024, including correspondence with or about them, minutes/notes from meetings with them, briefings prepared about them or analysis?" 

On 20 August 2024 we sought some clarification from you regarding any particular topics/Scottish Government business areas you were interested in. On the same day you confirmed the following scope of request: “I’m interested in more the economy directorate and about the Govan shipyard and the shipbuilding academy if that narrows it down.

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), 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.

I am releasing most 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 exceptions under regulation 11(2) personal data of a third party and regulation 10(4)(e) (internal communications) of the EIRs applies to that information. The reasons why those exceptions applies are explained in the Annex to this letter.

Additional information provided out with the EIRs

Under regulation 9 of the EIRs (our duty to provide advice and assistance) we would like to advise you that BAE systems currently have three different Marine Licence applications in progress and full information on each of these can be found on the marine.gov.scot web page by searching “BAE Systems” at the following link: Search | marine.gov.scot

ANNEX

REASONS FOR NOT PROVIDING INFORMATION

Exceptions apply

Regulation 11(2) – applicant has asked for personal data of a third party

An exception under regulation 11(2) of the EIRs (personal information) applies to some of the information requested because it is personal data of a third party 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 exception 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 exception.

Regulation 10(4)(e) – internal communications in relation to general policy and decisionmaking

An exception under regulation 10(4)(e) of the EIRs (internal communications) applies to some of the information you have requested because it is internal communication between officials about the relationship between the Scottish and UK Governments.

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 have found that, on balance, the public interest lies in favour of upholding the exception. We recognise that there is some public interest in release as part of open, transparent and accountable government, and to inform public debate. However, there is a greater public interest in high quality policy and decision-making, and in the properly considered implementation and development of policies and decisions. This means that Ministers and officials need to be able to consider all available options and to debate those rigorously, to fully understand their possible implications. Their candour in doing so will be affected by their assessment of whether the discussions on wider inter-UK relations will be disclosed in the near future, when it may undermine or constrain the Government’s view while it is still under discussion and development.

Due to the size of the files we are unable to upload the documents referred to above. If you wish to consider, please contact us at the address below and we will be happy to provide.

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.