Publication - FOI/EIR release

Transport Scotland: Highlands and Islands Airport Limited Air Traffic Control Industrial Action: FOI release

Published: 4 July 2019
Part of: Public sector, Transport
FOI reference: FOI/19/01300 & FOI/19/1301
Date received: 21 May 2019
Date responded: 19 June 2019

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

Information requested

All correspondence, emails, letters, telephone conversations, dates of meetings (internal and external), minutes of meetings (internal and external), since 1 January 2019 between Scottish Government Minister(s), civil servants or special advisors, and Highlands and Islands Airport Limited (HIAL) officials in relation to the Air Traffic Control Industrial Action.
All correspondence, emails, letters, telephone conversations, dates of meetings (internal and external), minutes of meetings (internal and external), since 1 January 2019 between Transport Scotland officials and Highlands and Islands Airport Limited (HIAL) officials in relation to the Air Traffic Control Industrial Action.

Response

Attached is 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 30(b)(ii), 33(1)(b) and 38(1)(b) of FOISA apply to that information. The reasons why those exemptions apply are explained in the Annex to this letter. Any information outwith the scope of your request has also been redacted.
Within the timeframe of the request the Cabinet Secretary for Transport, Infrastructure and Connectivity had phone conversations with HIAL about the Air Traffic Control industrial action on 27 March, 8 May and 22 May.
HIAL submits a weekly impact log in relation to all flights affected by the industrial action. In addition, they submit a spreadsheet comparing Loganair’s reliability with the same period in 2018. Each spreadsheet is updated on a weekly basis and, for ease of reference, I have only included the most recent version within the timeframe of the request.

Annex
Reasons for not providing information
An exemption applies.
An exemption under section 38(1)(b) of FOISA (personal information) applies to some of the information requested because it is personal data of a third party, i.e. names and contact details of individuals, and disclosing this would contravene the data protection principles on Schedule 1 of the Data Protection Act 1998. 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, subject to the public interest test
An exemption under section 30(b)(ii) of FOISA (free and frank exchange of views) applies to some of the information requested. This exemption applies because disclosure would, or would be likely to, inhibit substantially the free and frank exchange of views for the purposes of deliberation. This exemption recognises the need for officials to have a private space within which to discuss issues and options with external stakeholders before the Scottish Government reaches a settled public view. Disclosing the content of these discussions with HIAL on the Air Traffic Control industrial action will substantially inhibit such discussions in the future, because these stakeholders will be reluctant to provide their views fully and frankly if they believe that those views are likely to be made public, particularly while these discussions relate to a sensitive issue such as negotiations for resolving the dispute.
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 allowing Ministers and officials a private space within which to communicate with appropriate external stakeholders as part of the process of exploring and refining the Government’s position on how to address the Air Traffic Control industrial action, until the Government as a whole can adopt a decision that is sound and likely to be effective. This private space is essential to enable all options to be properly considered, so that good decisions can be taken based on fully informed advice and evidence, such as that provided by HIAL. Premature disclosure is likely to undermine the full and frank discussion of issues between the Scottish Government and these stakeholders, which in turn will undermine the quality of the decision making process, which would not be in the public interest.

An exemption under section 33(1)(b) of FOISA (commercial interests) applies to some of the information requested. This exemption applies because disclosure of this particular information would, or would be likely to, prejudice substantially the commercial interests of Loganair. Disclosing this information would be likely to give Loganair’s competitors an advantage as they would see the operational and financial impact that the industrial action has had on 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 and transparent government. However, there is a greater public interest in protecting the commercial interests of a company who are providing air services to some of our remotest areas ensuring that they remain connected to the mainland.

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