CMAL contract for vessels 801/802: EIR release

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

Information requested

  • All correspondence and documentation sent between the Minister for Transport and Islands and Cabinet Secretary for Infrastructure, Investment, and Cities between 7th and 9th October 2015 including attachments regarding the CMAL contract for vessels 801/802.
  • All briefings sent to the First Minister, Deputy First Minister, and Cabinet Secretary for Finance and the Constitution between the 7th and 10th October 2015 regarding the CMAL contract for vessels 801/802.

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.


Information within scope of your request is attached in Annex A.

Discussions related to the contract for vessels 801/802, between Ministers and officials regarding the decision to proceed have been made publically available and can be found on the Scottish Government website here.

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 us again and we will send you a paper copy.

Reasons for not providing information are detailed in Annex B.

About FOI

The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at



Please quote the FOI reference
Central Enquiry Unit
Phone: 0300 244 4000

The Scottish Government
St Andrews House
Regent Road

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