Challenges that the contract for 801 and 802 have been placing on Ferguson Marine Engineering Limited: FOI release

FOI reference: FOI/03135
Date received: 25 October 2018
Date responded: 18 November 2018

 

 

You asked:
 
“Please provide all correspondence, both internal and external, held by the Scottish Government, covering the time period 1 September 2016 to 31 July 2017, relating to the challenges and cash pressures that the contract for 801 and 802 have been placing on Ferguson Marine Engineering Limited.”

Response

 

I enclose a copy of some of the information you requested. 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 of FOISA apply.The reasons why these exemptions apply are explained below.

 

 

Exemptions apply, subject to the public interest test.
 
An exemption under section 33 1(b) of FOISA applies to some of the information you have requested because it relates to commercial information that may prejudice the company.
 
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 as part of open, transparent and accountable government, and to inform public debate. However, there is a greater public interest in high quality policy and decision-making, and in the properly considered development and implementation. This means that Ministers and officials need to be able to consider all available options and to debate those rigorously, to fully understand their possible implications. 
 
Exemptions also apply under section 36(1) of FOISA as the documents contain legal advice. 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 as part of open, transparent and accountable government, and to inform public debate.  However, this information is legally privileged.