- 3 Oct 2019
Date received: 4 Sep 2019
Date responded: 2 Oct 2019
You asked for the Quarterly and Drawdown reports produced by Luke Van Beek CBE and held by the Scottish Government whilst Luke Van Beek was investigating the Ferguson Marine Ferry Procurement.
I think it is helpful that I clarify at the outset that Commodore Luke van Beek was not asked to investigate the Ferguson Marine Ferry procurement. His remit was to provide operational assistance to Scottish Ministers relating the £30 million loan provided to Ferguson Marine in June 2018 with respect to the progress of the build of the vessels known as 801 and 802.
Luke van Beek produced six drawdown reports and two quarterly reviews relating to the Ferguson Marine assignment. These documents are attached to my response.
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 apply.
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 one or all parties mentioned in the information.
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, and to help account for the expenditure of public money. However, there is a greater public interest in protecting the commercial interests of the parties involved,
An exemption under section(s) s.38(1) of FOISA applies to some the information you have requested because it relates either to personal information of third parties. 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.
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