CalMac ferries contract changes, meetings and correspondence: EIR release

Information requested

1. any internal communications between 1st January 2015 and 31st December 2015 discussing the CalMac ferries contract
2. a copy of the CalMac ferries contract that was, reportedly, signed by Derek Mackay (Finance Secretary of the time of the contract)
3. a copy of the renewed changes to the contract in November 2016
4. a copy of the renewed changes to the contract in May 2017
5. a copy of any minutes of meetings between 2015-2017 relating to the CalMac ferries contract

Response

1

The memos to Ministers in August and October 2015 regarding the contract award have been in the public domain since 2019 and can be found at the following link: https://www.gov.scot/collections/ferguson-marine-documents/

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.

Documents that meet the scope of your request can be found in Annex A.

2

The contract was awarded by CMAL in its capacity as procuring authority following a robust procurement process. Transport Scotland and CMAL ensured that Ministers were informed of, and accepting of, the risks associated with this contract. These exchanges have been set out in the public record since 2019.

Mr Mackay did not sign the contract (Jim McColl FMEL and Tom Docherty CMAL did). A redacted version of this document has been on our website since 2019 and can be found at the following link here

The document confirming which Scottish minister agreed to proceed with offering Ferguson Marine Engineering Limited a contract for the building of new ferries in October 2015 has been provided to Parliament and can be found on the Scottish Government website here

3

Documents that meet the scope of your request can be found in Annex A

4

Documents that meet the scope of your request can be found in Annex A

5

Documents that meet the scope of your request can be found in Annex A of this letter. Additionally memos to Ministers and information relating to the contract have been in the public domain since 2019 and can be found at the following link: https://www.gov.scot/collections/ferguson-marinedocuments/ 

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 - 202200290636 - information released - Annex A

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