- 27 Aug 2018
Date received: 30 June 2018
Date responded: 16 August 2018
1. What were the circumstances of the decision made by Mr Mackay to furnish FMEL with the loan of £30m?
2. Was this at the express request by the Company or offered by the Scottish Government in the first instance?
3. What approval process takes place in Government for the authorisation of this loan?
4. When was that [approval process] commenced?
5. How long is the loan for?
6. What are the agreed contractual conditions applied to this specific loan?
7. What is the agreed interest rate payable by the Company to the Scottish Government?
8. What reporting process has been introduced in this arrangement to ensure that at the end of the term the Scottish Government will receive full repayment of the loan and any interest payments agreed under the contract?
10. Was this loan to Ferguson Marine Engineering Ltd agreed in any parliamentary debate or committee and if so where can details be found on the decision to award the Company this loan?
11. What conditions have been applied to this loan to ensure that the description of the reason for the loan as shown below are adhered to and not used for any other purpose including using these funds to support the ongoing construction and fit-out of FMEL Vessels known as 'Hulls 801 and 802' which are significantly behind schedule as outlined here.
12. How was the figure of £30m agreed between the Scottish Government and the Company?
13. What, if any match funding, has been agreed under the contract for this loan?
14. What ongoing reporting process has been agreed with the Company for regular updates on the use of the loan?
15. What outputs have been agreed for ensuring this loan is value for money for the public purse?
16. How is the £30m loan being administered to the Company, that is in a single one-off payment or payment by the Government in installments?
17. How confident is the Scottish Government that this will provide the benefits to the public purse given that it is nationally recognised that the Company is failing to deliver the contractual requirements for the award to build vessels 801 and 802?
19. Will the Scottish Government's Public Audit and Post-legislative Committee call for representatives from the Company to give evidence to the Committee during the term of the loan to update Members on how the loan is being spent and with what outputs and economic benefits result from the loan?
An exemption under section 33 (1(b)) of FOISA applies to some of the information you have requested because it relates to commercial information that may prejudice the company.
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.
The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at https://www.gov.scot/foi-responses
Please quote the FOI reference
Central Enquiry Unit
Phone: 0300 244 4000
The Scottish Government
St Andrew's House