Information regarding Ferguson Marine and CMAL: EIR release

Information requested

(a) CMAL's concerns about the awarding of the contract to build ferries 801 and 802 to Ferguson Marine and its preference to start the procurement process again.

(b) The decision by Scottish ministers to press ahead with awarding the contract to Ferguson Marine.

Response

The answer to your question is as follows;

I would be grateful if you could provide the content of all documents, including emails, briefings and minutes of meetings, from September and October 2015.

(a) CMAL's concerns about the awarding of the contract to build ferries 801 and 802 to Ferguson Marine and its preference to start the procurement process again.

Information in scope is attached in ANNEX A.

(b) The decision by Scottish ministers to press ahead with awarding the contract to Ferguson Marine.

The document titled “Ferguson Marine: ministerial response to 8 October 2015 submission” confirms Scottish Ministers agreed to proceed with offering Ferguson Marine Engineering Limited a contract for the building of new ferries in October 2015. This has been provided to Parliament and can be found on the Scottish Government website here.

Under regulation 6(1)(b) of the EIRs, we do not have to give you information which is already publicly available and easily accessible to you in another form or format. If, however, you do not have internet access to obtain this information from the website(s) listed, then please contact me again and I will send you a paper copy.

Reasons for not providing information are detailed in Annex B
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.

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 202200291837 - Information released - Annex A&B

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