- 12 Jun 2019
Date received: 17 May 2019
Date responded: 12 Jun 2019
Following the appearance of Michael Matheson (Cabinet Secretary for Transport, Infrastructure and Connectivity) at the Rural Economy and Connectivity Committee on 15 May 2019, you asked the Scottish Government to provide the following information:
1. The specific correspondence via letter or email that the Director of Economic Development sent to Ferguson Marine Engineering Ltd asking for further information on its planned programme (for Vessels 801/802);
2. The specific correspondence that was received from Ferguson Marine Engineering Ltd in response to the request from the Director of Economic Development;
3. The specific correspondence via email or letter that asked for further details on the timetable for the continuing work on both vessels; and
4. As of 17 May 2019, any further response from Ferguson Marine Engineering Ltd to the Director of Economic Development in respect of delivery information on the two vessels.
I enclose a copy of some of the information you requested. 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 exemptions under sections of FOISA apply. The reasons why these exemptions apply are explained in the Annex to this letter.
Reasons for not providing information - Annex
Exemptions apply, subject to the public interest test
An exemption under section 38(1)(b) applies to some of the information you have requested because we consider that the information is personal data of a third party as it consists of names and contact details of Scottish Government employees and third party organisation employees, and as such those individuals can be identified from this information.
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. We recognise that there is a public interest in disclosing information as part of open, transparent and accountable government, and to inform public debate. However, there is a greater public interest in high quality policy and decision-making, and in the properly considered development and implementation. This means that Ministers and officials need to be able to consider all available options and to debate those rigorously, to fully understand their possible implications.
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.
Please quote the FOI reference
Central Enquiry Unit
Phone: 0300 244 4000
The Scottish Government
St Andrews House