Loan to Ferguson Marine Engineering Limited: FOI appeal

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

Information requested

All information held regarding the loan of £30 million made by the Scottish Government in June 2018 to Ferguson Marine Engineering Limited, including but not limited to:

1.  All minutes and notes of meetings held between FME Limited and the Scottish Government.

2.  The loan agreement including interest terms and basis of repayment.

3.  Due diligence carried out by the Scottish Government on FME Limited prior to granting the loan.


With reference to your ongoing appeal with the Information Commissioner for FoI/18/01835, please find attached further information.

Green redactions are Section 38(1) – Personal Information

Red redactions are Section 33(1)(b) – Commercial Interests

Blue redactions are Sections 30(b)(i) and 30(b)(ii) – Free and frank provision of advice and Free and frank exchange of views

The final e-mail in the first attachment, refers to 12 documents. We previously relied on section 25(1) for the documents that are already in the public domain through previous FoIs or on Companies House, though we have now provided these and no longer wish to rely on this exemption. The other 6 documents have been reviewed and are now being part released with all redactions falling under section 33(1)(b) – Commercial Interests.

There are a further 5 PdF documents which were previously withheld. These are now being part released and all redactions within these documents fall under Section 33(1)(b) also.

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

FOI-18-01835 - Further Information Released
FOI-18-01835 - 1 - Loan Agreement
FOI-18-01835 - 2 - Amendment Letter
FOI-18-01835 - 3 - Intercreditor Deed
FOI-18-01835 - 9 - Comfort Letter for release
FOI-18-01835 - 10 - Officer’s Certificate FMEL
FOI-18-01835 - 11 - Officer’s Certificate FME(H)L
FOI-18-01835 - 12 - Officer’s Certificate MacKellar
FOI-18-01835 - Document 6
FOI-18-01835 - Document 7
FOI-18-01835 - Document 9
FOI-18-01835 - Document 11
FOI-18-01835 - Document 12


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

The Scottish Government
St Andrews House
Regent Road

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