Publication - FOI/EIR release

Bifab (Burntisland Fabrications) meetings prior to 6 April: FOI Review

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

Published:
2 Nov 2020
Bifab (Burntisland Fabrications) meetings prior to 6 April: FOI Review
FOI reference: FOI/202000073460
Date received: 10 Aug 2020
Date responded: 7 Sep 2020
Information requested

The last ten sets of minutes of meetings dated before the first one you sent me in foi 202000045872, relating to Bifab (Burntisland Fabrications).

Response

Further to my letters of 14 and 17 August, I have now completed my review of our response to your requests under the Freedom of Information (Scotland) Act 2002 (FOISA) referenced FoI202000058749 and FoI202000058755. My review is of two responses to two Freedom of Information requests, which were both as follows:

“the last ten sets of minutes of meetings dated before the first one you sent me in foi 202000045872, relating to Bifab (Burntisland Fabrications)”.
You were dissatisfied with our initial response because you believed that we had “deleted all the information from the minutes and the public have a right to know what is going on at Bifab”.
I have concluded that the original decisions should be confirmed, with modifications.

In conducting my review, I have considered the two cases afresh and I have reviewed each individual application of the exemptions applied, in both cases. I have determined that all of the information withheld under sections 30(b)(i)(ii) and 38(1)(b) and the majority of the information withheld under sections 33(1)(b) has been done correctly, for the reasons stated in our initial response. I consider that it is not currently in the public interest for the information to be released because information is sensitive whilst discussion regarding potential support to the company is ongoing and that release could unfairly impact on the company’s engagement with suppliers and customers; potentially it could also have an unfair impact on competitor companies. This could have a significant effect on the company’s ongoing viability and retention of jobs in Scotland.
However, I have concluded that we were not entitled to withhold a small amount of information in both cases under section 33(1)(b), and I now attach this information for case ref FoI202000058755 as an Annex.

In the Annex, I have highlighted in blue font the material that has been released as part of my review. I also include in this attachment, as per your request, a glossary of abbreviations.

About FOI

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.

Contact

Please quote the FOI reference
Central Enquiry Unit
Email: ceu@gov.scot
Phone: 0300 244 4000

The Scottish Government
St Andrews House
Regent Road
Edinburgh
EH1 3DG