Stage 1 Payment For Vessel 802, 20 November 2015: EIR release

Information request and response under the Environmental Information (Scotland) Regulations 2004.


Information requested

Regarding the Stage 1 payment for vessel 802 made to FMEL on 20/11/15, according to the revised payment schedule of 12/05/17:

  1. what evidence was provided by FMEL as proof that all elements of the first milestone event had been achieved to the required standard?
  2. what checks were carried out to assess FMEL’s evidence of milestone completion?
  3. who recommended and approved that the stage 1 payment should be made?
  4. Please provide all briefings, correspondence, emails, letters, notes of meetings and telephone conversations, between 13/11/15 and 20/11/15 inclusive concerning the scheduled payment for completing the first milestone.

Response

1

Some of the information you have requested is available from Audit Scotland’s “New vessels for the Clyde and Hebrides : Arrangements to deliver vessels 801 and 802” report which can be accessed via the following link https://www.audit-scotland.gov.uk/uploads/docs/report/2022/nr_220323_vessels.pdf Under regulation 6(1)(b) of the EIRs, we do not have to give you information which is already publicly available and easily accessible to you in another form or format. If, however, you do not have internet access to obtain this information from the website(s) listed, then please contact me again and I will send you a paper copy.

While our aim is to provide information whenever possible, in this instance the Scottish Government does not hold the information you have requested. Therefore we are refusing your request under the exception at regulation 10(4)(a) of the EIRs. The reasons why that exception applies are explained in the Annex B to this letter.

However, you may wish to contact Caledonian Maritime Assets Limited (CMAL) directly at FOI@cmassets.co.uk who may be able to help you.

2

Some of the information you have requested is available from Audit Scotland’s “New vessels for the Clyde and Hebrides : Arrangements to deliver vessels 801 and 802” report which can be accessed via the following link https://www.audit-scotland.gov.uk/uploads/docs/report/2022/nr_220323_vessels.pdf Under regulation 6(1)(b) of the EIRs, we do not have to give you information which is already publicly available and easily accessible to you in another form or format. If, however, you do not have internet access to obtain this information from the website(s) listed, then please contact me again and I will send you a paper copy.

While our aim is to provide information whenever possible, in this instance the Scottish Government does not hold the information you have requested. Therefore we are refusing your request under the exception at regulation 10(4)(a) of the EIRs. The reasons why that exception applies are explained in the Annex B to this letter.

However, you may wish to contact Caledonian Maritime Assets Limited (CMAL) directly at FOI@cmassets.co.uk who may be able to help you.

3

While our aim is to provide information whenever possible, in this instance the Scottish Government does not hold the information you have requested. Therefore we are refusing your request under the exception at regulation 10(4)(a) of the EIRs. The reasons why that exception applies are explained in the Annex B to this letter.

However, you may wish to contact Caledonian Maritime Assets Limited (CMAL) directly at FOI@cmassets.co.uk who may be able to help you.

4

Information in scope is attached in Annex A. 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.

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.

EIR - 202200303220 information released - Annex A
EIR - 202200303220 information released - Annex B

Contact

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

The Scottish Government
St Andrews House
Regent Road
Edinburgh
EH1 3DG

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