Publication - FOI/EIR release

Calmac Ferries Ltd Ar Turas project business case: FOI release

Published: 30 Jul 2020

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

Published:
30 Jul 2020
Calmac Ferries Ltd Ar Turas project business case: FOI release
FOI reference: FOI/202000049924
Date received: 19 Jun 2020
Date responded: 10 Jul 2020
Information requested
  • Please can you provide a copy of the business case for the Calmac Ferries Ltd Ar Turas project for the procurement of ferry booking and ticketing software.
  • Please can you confirm the status of the business case?
  • Has the funding been approved and granted? If so, what is the value of the funding?
  • Is the funding being handled as a contract variation to the current Clyde Hebrides Ferry Service (CHFS) contract which CalMac Ferries Ltd are operating?
Response

An exemption(s) under section(s) 33(1)(b) of FOISA applies to some of the information you have requested.

Section 33 (1)(b) provides an exemption to release of information where its disclosure under this Act would, or would be likely to, prejudice substantially the commercial interests of any person (including, without prejudice to that generality, a Scottish public authority 

CalMac Ferries Ltd (CFL) are currently in the process of a procurement for a new ticketing system called "Ar Turas" internally and therefore the release of the Business Case is not appropriate at this time as the release would potentially substantially prejudices the Commercial Interest of both CFL and the Scottish Ministers. The procurement has just moved from a point of looking for suppliers using the ESPD route, where the procurement route chosen has down selected to three participants. Release of this information may have the effect of compromising the fair and equitable process that CDL have designed.

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 some public interest in release because the public has a right to know that we are spending public funds in an appropriate manner. However, this is outweighed by the public interest in allowing the ongoing procurement to happen without releasing the commercial information of the business case, ensuring that a level playing field is maintained during the procurement. Should the procurement be compromised, there would be significant additional costs shouldered by both Transport Scotland and CFL.

The answers to your questions are:
Q1: Please can you provide a copy of the business case for the Calmac Ferries Ltd Ar Turas project for the procurement of ferry booking and ticketing software.
A1: This information is considered exempt under Section 33(1)(b) of the Freedom of Information (Scotland) Act 2002, as discussed above.

Q2: Please can you confirm the status of the business case?
A2: The Outline Business Case has been approved.

Q3: Has the funding been approved and granted? If so, what is the value of the funding?
A3: Partial funding has been approved and granted; however the value of the funding is considered exempt under Section 33(1)(b) of the Freedom of Information (Scotland) Act 2002, as discussed above.

Q4: Is the funding being handled as a contract variation to the current Clyde Hebrides Ferry Service (CHFS) contract which CalMac Ferries Ltd are operating?
A4: No. The funding is being made available as a Section 70 Grant under the Transport (Scotland) Act 2001.

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Contact

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

The Scottish Government
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