Correspondence on the topic of the internal investigation: FOI release

Information requested

1. Any correspondence between the Scottish Government and CMAL on the topic of the internal investigation into the procurement of hulls 801 and 802 between September 1, 2022 and to date, including any attachments
2. Any correspondence between the Scottish Government and Ferguson Marine Port Glasgow on the same topic, between the same dates, including any attachments.

Response

1. Some of the information you requested is provided in Annex A which will be sent under separate cover. While our aim is to provide information whenever possible, in this instance we are unable to provide some of the information you have requested for the following reasons:

• An exemption under section 38(1)(b) of the FOISA (personal information of a third party) applies to some of the information requested because it is personal data of a third party and disclosing it would contravene the data protection principles in Article 5(1) of the General Data Protection Regulation and in section 34(1) of the Data Protection Act 2018. This exemption is not subject to the ‘public interest test’, so we are not required to consider if the public interest in disclosing the information outweighs the public interest in applying the exception.
• An exemption under section 36(2) of the FOISA (information obtained by a Scottish public authority and disclosing would constitute and actionable breach of confidence) applies to some of the information and, as the information was provided in confidence, this would constitute a breach of confidence. This exemption is not subject to the ‘public interest test’, so we are not required to consider if the public interest in disclosing the information outweighs the public interest in applying the exception.
• An exemption under section 33(1)(b) of the FOISA (substantial prejudice to commercial interests) exempts information from disclosure if it would, or would be likely to, prejudice substantially the commercial interests of any person. “Person” includes a public authority, company and partnership. This exemption is subject to the ‘public interest test’ and we considered that withholding the information outweighs the public interest in disclosing it.

2. We are unable to provide any of the information you requested because we do not hold that information. We therefore give notice under section 17 of FOISA that the information is not held.
   
   Although not part of your request, you may find it helpful to contact Caledonian Maritime Assets Ltd (CMAL) for information. You can contact them by writing to:
   
   Municipal Buildings
   Fore St
   Port Glasgow
   PA14 5EQ
   
   Or via email to info@cmassets.co.uk

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.