Correspondence regarding Rocket Factory Ltd and SaxaVord Spaceport: FOI release

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


Information requested

All documentation held by the Scottish Government, including correspondence, including internal, minutes/notes from meetings, briefings, policy analysis, about or from RFA UK (Rocket Factory Ltd) and SaxaVord Spaceport, between February 1 2024 and August 1 2024

Response

All relevant documentation held by the Scottish Government is included as attachments to this reply.

While our aim is to provide information whenever possible, in this instance we are unable to provide some of the information you have requested under the following exemptions of FOISA and FOIA that apply to sections of the information:

An exemption under section 38(1)(b) (personal information) of FOISA applies to some of the information you have requested as 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 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) of FOISA (commercial interests) applies to some of the information requested. This exemption applies because disclosure of this particular information would, or would be likely to, prejudice substantially the commercial interests of the companies mentioned. Disclosing this information would reveal confidential information regarding those companies. 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.

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 and explore options before the Scottish Government reaches a settled public view. 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 exemptions. We have found that, on balance, the public interest lies in favour of upholding the exemptions.

An exemption under section 30(c) of FOISA (prejudice to effective conduct of public affairs, in relation to communications/meetings with external stakeholders) applies to some of the information requested. It is essential for Ministers and officials to be able to communicate and meet, often in confidence, with external stakeholders on a range of issues, including discussions around support and business plans. Disclosing the content of these communications, particularly without the consent of the stakeholder, is likely to undermine their trust in the Scottish Government and will substantially inhibit communications on this type of issue in the future. These stakeholders will be reluctant to participate in meetings and provide their views fully and frankly if they believe that their views are likely to be made public, particularly while these discussions are still ongoing. This 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.

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.

FOI 202400432956 - Information Released - Annex

Contact

Please quote the FOI reference
Central Correspondence Unit
Email: contactus@gov.scot
Phone: 0300 244 4000

The Scottish Government
St Andrew's House
Regent Road
Edinburgh
EH1 3DG

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