Correspondence around Audit Scotland's report into ferry hulls 801 and 802 construction: FOI review

Information requested

Any internal or external correspondence around Audit Scotland's report into the construction of island ferries hulls 801 and 802 sent between September 2021 to March 28, 2022.

Response

I have concluded that a different decision should be substituted.

I have considered this case again, conducting a comprehensive review of the response, and the reasons behind the application of exemptions under section 33(1)(b) (commercial interests) and section 30(b)(i) (free and frank provision of advice). I have also considered exemptions made under section 38(1)(b) (personal data of a third party).

You may wish to note that section 38(1)(b) has been applied to all released documents, and that sections 30(b)(i) and 33(1)(b) have only been applied to document 7 from those released under FOI 202200324638.

Now considering each exemption in turn -

Section 38(1)(b) – Personal Data of a Third Party

I am satisfied that exemptions have been applied appropriately and agree with the explanation for the application in the original response. This exemption is not subject to the public interest test.

Section 30(b)(i) – Free and Frank Provision of Advice

After reviewing the information, I have found that this exemption has not been applied appropriately.

In Document 7 on page 6 and 24 the information was redacted unnecessarily and has now been released.

I have reconsidered the rest of the information withheld under this exemption and found the exemption still applies. The public interest test has been taken into account and I have concluded the public interest lies in favour of upholding the exemption. The reasons why this exemption applies has been sufficiently explained in Annex A of the response to FOI 202200324638.

Section 33(1)(b) – Commercial Interest

This exemption has not been applied appropriately.

In Document 7 on page 27 some information was redacted unnecessarily and has now been amended to be released.

Furthermore on page 27 information was incorrectly withheld under section 33(1)(b) – the application of this exemption is incorrect. I have considered the information and concluded we are unable to provide the information because exemption under section 30(b)(i) (free and frank provision of advice) of FOISA applies to the information The reason why this exemption applies is provided in the below Annex. The public interest has been taken into account with regard this exemption it is appropriate to apply it.

I have attached an updated version of Document 7 to reflect the changes.

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FOI Review - 202300337922 - information released

File type

45 page PDF

File size

2.8 MB