Correspondence regarding the procurement of new electric ferries: FOI release

Information requested

I would like to ask for the following:

• Part I - Any correspondence (including emails, letters, phone calls, handwritten notes, WhatsApp messages or any other documents) between the board of directors/senior management team of your organisation and the board of directors at Caledonian MacBrayne regarding the procurement of the recently announced seven new electric ferries . Information should include but not be limited to a detailed timeline (with dates) of any contact between the board of directors/senior management team of your organisation and Caledonian MacBrayne. Please provide this information between the dates of 1 May 2024 and 25 October 2024 inclusive.
• Part II - Any correspondence (including emails, letters, phone calls, handwritten notes, WhatsApp messages or any other documents) between the board of directors/senior management team of your organisation and Ferguson Marine regarding the procurement of the recently announced seven new electric ferries . Information should include but not be limited to a detailed timeline (with dates) of any contact between the board of directors/senior management team of your organisation and Ferguson Marine. Please provide this information between the dates of 1 May 2024 and 25 October 2024 inclusive.
• Part III - Any correspondence (including emails, letters, phone calls, handwritten notes, WhatsApp messages or any other documents) between the board of directors/senior management team of your organisation and Transport Scotland regarding the procurement of the recently announced seven new electric ferries . Information should include but not be limited to a detailed timeline (with dates) of any contact between the board of directors/senior management team of your organisation and Transport Scotland. Please provide this information between the dates of 1 May 2024 and 25 October 2024 inclusive.

Response

I enclose a copy of some of the information you requested. In relation to Part II of the request, details are included at annex a. An exemption under section 38 (1)(b) of FOISA (personal data relating to third parties) applies to some of the information contained within the annex. 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.

For Part I and Part III of the request, while our aim is to provide information whenever possible, in this instance we are unable to provide the information you have requested because an exemption under section 12 of FOISA applies to that information. The reason why this exemption applies is explained below.

In this instance, the costs of locating, retrieving and providing the information requested would exceed the upper cost limit of £600. This is due to the number of documents which may potentially be in-scope of the request. Under section 12 of FOISA public authorities are not required to comply with a request for information if the authority estimates that the cost of complying would exceed the upper cost limit, which is currently set at £600 by Regulations made under section 12. You may, however, wish to consider reducing the scope of your request by specifying a particular subject, narrow the timeframe further or ask for a particular document in order that the costs can be brought below £600.

You may also find it helpful to look at the Scottish Information Commissioner's 'Tips for requesting information under FOI and the EIRs' on his website at: http://www.itspublicknowledge.info/YourRights/Tipsforrequesters.aspx.

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 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, however, this is outweighed by the public interest in ensuring that there is not a significant burden placed on the financial and human resources of public authorities.

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 202400437930 - Information released - Annex A

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