Transport Scotland community needs assessment report for Cowal & Rosneath: EIR Review

Information requested

Orginal Request 202400431511

“.. now that the embargo has passed, could you please re-issue the report [Cowal and Rosneath Community Needs Assessment] clean of redactions re the financial data. If not, please consider this email as a FOI request for the same”.

And further clarified by: “.., the options further detailed in the report refer to significant cost savings. Having the financial numbers would aid this aspect of the report. The route is heavily supported by subsidy payments, why then is there a lack of transparency in that regard?”

Response

I have now completed my review of our response to your request under the Environmental Information (Scotland) Regulations 2004 (EIRs) for:

“.. now that the embargo has passed, could you please re-issue the report [Cowal and Rosneath Community Needs Assessment] clean of redactions re the financial data. If not, please consider this email as a FOI request for the same”.

And further clarified by: “.., the options further detailed in the report refer to significant cost savings. Having the financial numbers would aid this aspect of the report. The route is heavily supported by subsidy payments, why then is there a lack of transparency in that regard?”

I have concluded that the original decision should be confirmed, with modifications.

Having considered the redacted information, I am satisfied that an exception under Regulation 10(5)(e) of the EIRs (substantial prejudice to confidentiality of commercial information) applies to some of the information you have requested. I note that the majority of the information relates to commercial sensitive information to which Regulation 10(5)(e) can be appropriately applied.

In a statement to Parliament on the 16th November 2023 the former Minister for transport set out the Scottish Ministers preferred route for the next CHFS contract, which is to explore a direct award (an award in reliance on the exemption in Regulation 13 (1) of the Public Contract (Scotland) Regulations 2015). While this is the preferred option, due diligence work is being carried out on a number of complex issues, this work is to be concluded prior to the final decision being made. As no final decision has been made on the next CHFS contract and no contract has been awarded, CalMac Ferries Ltd are still a commercial concern and as such has commercial interests which it must protect against potential competition. The redacted information covers operating costs of CalMac Ferries Ltd which could give their competitors an advantage should there be a tendering exercise for the Clyde and Hebrides Ferry Services, impacting their ability to tender competitively in the market.

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 a public interest in disclosing information as part of open and transparent government, and to help account for the expenditure of public money. However, there is a greater public interest in protecting the commercial interests of companies which currently tender for Scottish Government contracts, to ensure that we are always able to obtain the best value for public money. I am therefore satisfied that the exception has been appropriately applied in relation to most of the information withheld.

Upon review I have concluded that some of the redacted information requested within the Cowal and Rosneath Community Needs Assessment is not covered under the exception under Regulation 10(5)(e). Therefore, I am disclosing that information to you now attached as an annex. The information which has been unredacted is specifically the operating deficit for each route included in the following sections of the report: 2.4.2, 2.6.2, 5.3.3 and 5.4.4.

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.

EIR 202400435866 - Information Released - Annex

File type

PDF

File size

2.3 MB