Ferguson Marine contract and lack of full Builders Refund Guarantee: EIR release

Information request and response under the Environmental Information (Scotland) Regulations 2004.

Information requested

Any internal or external communications on the lack of a full Builders Refund Guarantee connected to the 2015 award of the construction of hulls 801 and 802 to Ferguson Marine, sent or received in the calendar year 2015.


The answer to your question is as follows;

Information in scope of your request is attached to ANNEX A.

For context and in addition to the information provided it may be helpful to explain that the contract was awarded by CMAL in its capacity as procuring authority following a robust procurement process. Transport Scotland and CMAL ensured that Ministers were informed of, and accepting of, the risks associated with this contract and the lack of a full Builders Refund Guarantee.

As the information you have requested is ‘environmental information’ for the purposes of the Environmental Information (Scotland) Regulations 2004 (EIRs), we are required to deal with your request under those Regulations. We are applying the exemption at section 39(2) of the Freedom of Information (Scotland) Act 2002 (FOISA), so that we do not also have to deal with your request under FOISA.

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, because there is no public interest in dealing with the same request under two different regimes. This is essentially a technical point and has no material effect on the outcome of your request.

Reasons for not providing information are detailed in Annex B.

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.

FoI - 202200290947 - Information released


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

The Scottish Government
St Andrews House
Regent Road

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