Publication - FOI/EIR release

Prestwick Airport sale: FOI release

Published: 19 December 2023
Topic: Public sector
FOI reference: 202200275241
Date received: 24 January 2022
Date responded: 17 March 2023

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

Information requested

Can the Scottish Government provide the number of formal bids for Prestwick Airport that have been made since 2011?
Can the Scottish government provide details of any correspondence between Prestwick Airport and the government relating to potential bidders looking to buy the airport since 2011?
Can you provide details of any correspondence between Prestwick Airport and the government relating to recommendations made on whether to accept or decline formal bids?
Can the Scottish Government provide dates when details of a formal bid to buy the airport has been made known to the Scottish government?
Can you provide details of the commercial terms of the loans the Scottish government has provided to support Prestwick Airport to date?

Please provide me with the number of bids since 2011 in excel format (in the table format provided).

Response

Please find below responses to your requests.

Can the Scottish Government provide the number of formal bids for Prestwick Airport that have been made since 2011?

There have been four formal bids for Prestwick Airport since the Scottish Government purchased the airport.

Can the Scottish government provide details of any correspondence between Prestwick Airport and the government relating to potential bidders looking to buy the airport since 2011?

A copy of some of the information you requested is enclosed in the two pdf attachments. These have been split across two pdf attachments due to size.

Can you provide details of any correspondence between Prestwick Airport and the government relating to recommendations made on whether to accept or decline formal bids?

A copy of some of the information you requested is enclosed in the two pdf attachments. These have been split across two pdf attachments due to size.

Can the Scottish Government provide dates when details of a formal bid to buy the airport has been made known to the Scottish government?

As part of the OJEU process, the dates when formal bids have been submitted are:

30 June 2021
29 January 2021
18 September 2019

Can you provide details of the commercial terms of the loans the Scottish government has provided to support Prestwick Airport to date?

In response to your question regarding the loan funding provided to Glasgow Prestwick Airport, page 29 of the TS Prestwick HoldCo Ltd Annual Report and Financial Statements for the year ended 31 March 2022, available at www.glasgowprestwick.com/corporate/about-us/performance-and-reporting/, provides information on the interest rate and loan amounts. The rate of interest applicable to the loan is the annual rate which is 2.2% per annum over the European reference rate for state aid for the UK as set by the European Union. The loan is repayable on demand by the Scottish Government.

Please provide me with the number of bids since 2011 in excel format

This has been provided in a separate excel attachment.

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 exemptions under sections 30(b)(ii) – Substantial inhibition to free and frank exchange of views; 33(1)(b) – Substantial prejudice to commercial interests; and 38(1)(b) – Personal information of FOISA applies to that information. The reasons why these exemptions apply are explained below. Information out with scope has also been redacted.

An exemption under section 38(1)(b) of FOISA (personal information) applies to some of the information requested because it is personal data of individuals, and disclosing this would contravene the data protection principles on Schedule 1 of the Data Protection Act 1998. 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 (Substantial prejudice to commercial interests) applies to some of the information requested. Information about potential bidders and bids to purchase Glasgow Prestwick Airport contain a lot of highly commercial information, with much of the information considered being commercially sensitive. 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. We recognise that there is a public interest in disclosing information about bids and potential bidders, however publishing commercial information could impact potential future processes to return the business to the private sector.

An exemption under section 30(b)(ii) of FOISA (Substantial inhibition to 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 the exchange of free and frank views when considering bids for the airport. This exemption recognises the need for private space within which to discuss potential bids for Prestwick Airport in an open manner. 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. Disclosing the content of free and frank exchanges could impact considerations of any bids as part of a potential future process to return the airport to the private sector. There is a greater public interest in allowing a private space within which such considerations and views can be exchanged.

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.