Correspondence relating to handling of FOI request 202200283593: FOI release

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


Information requested

All the information originally requested under case number 202200283593 to be provided. I would also like to request copies of all government correspondence relating to handling of freedom of information request number 202200283593. 

The information requested under FOI 202200283593 was:

  1. A copy of all (a) correspondence and (b) minutes of meetings and discussions, from during the last 2 years, between the Scottish Government and the owners of the BiFab manufacturing yard in Fife. Please be aware that the yard has changed ownership during that period. I would like a copy of communications with each set of owners.
  2. A copy of any internal Scottish Government documents (a) that were prepared to support ministers, or (b) by ministers, in relation to (i) the meetings, discussions and exchange of correspondence referred to in question 1.

Response

A copy of some of the information you requested is attached.

In relation to your request for information about the handling of case 202200283593, while our aim is to provide information whenever possible, in this instance we are unable to provide some of the information you have requested because an exemption(s) under section 38(1)(b) (personal information) of FOISA applies to that information. The reasons why that exemption applies are explained in the annex to this letter.

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 exemption.

An exemption applies under section 29(1)(a) (formulation of policy). The reasons why this exemption applies are explained in the annex to this letter.

This exemption is 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 test in applying the exemption.

In relation to your original request for information under FOI 202200283593, while our aim is to provide information whenever possible, in this instance the costs of locating, retrieving and providing the information requested would exceed the upper cost limit of £600. Under section 12 of FOISA public authorities are not required to comply with a request for information if the authority estimates that the cost of complying would exceed the upper cost limit, which is currently set at £600 by Regulations made under section 12.

You may, however, wish to consider reducing the scope of your request in order that the costs can be brought below £600. You may wish to consider narrowing the scope of this request, such as to only certain types of correspondence or the actual topic of the correspondence or narrowing the time frame from which you wish to request information. You may also find it helpful to look at the Scottish Information Commissioner's 'Tips for requesting information under FOI and the EIRs' on his website.

ANNEX A
REASONS FOR NOT PROVIDING INFORMATION

An exemption applies
While our aim is to provide information whenever possible, in this instance we are unable to provide some of the information requested because an exemption applies under section 38(1)(b) (personal information) of FOISA. This exemption applies to the names of third parties referenced throughout the documents within scope of request. The Scottish Government has a policy of not disclosing the names of officials who are not Senior Civil Servants. The names of non-senior civil servants, Harland and Wolff, Infrastrata and BiFab employees have been redacted to protect their privacy. The contact information of all parties is also redacted throughout.

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 exemption.

While our aim is to provide information whenever possible, in this instance we are unable to provide some of the information requested because an exemption applies under section 29(1)(a) (formulation of policy). This exemption applies to some of the information contained within the correspondence you have requested and so has not be issued.

This exemption is subject to the ‘public interest test’ so we are required to consider if the public interest in disclosing the information outweighs the public interest in applying the exemption. In this case we have decided that, on balance, the public interest is best served by not disclosing the information. This is because disclosure would risk prejudicing future vessel procurement exercises.

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.

202200305631 Supporting documents

Contact

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

The Scottish Government
St Andrews House
Regent Road
Edinburgh
EH1 3DG

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