Vessel 801 stage payment 9: EIR release

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


Information requested

The following questions about the Stage 9 payment for vessel 801 made to FMEL on 31/03/2017, according to the revised payment schedule of 12/05/2017:

1. Please set out what evidence was provided by FMEL as proof that all elements of the ninth milestone event had been achieved to the required standard? Please provide this.

2. Please set out what checks were carried out to assess FMEL’s evidence of milestone completion?

3. Please identify who recommended and approved that the stage 9 payment should be made?

4. Please provide all briefings, correspondence, emails, letters, notes of meetings and telephone conversations, between 22/03/2017 and 31/03/2017 inclusive concerning the scheduled payment for completing the ninth milestone.

Response

The answer to your question is as follows;

1. Please set out what evidence was provided by FMEL as proof that all elements of the ninth milestone event had been achieved to the required standard? Please provide this.

Some of the information you have requested is available from Audit Scotland’s “New vessels for the Clyde and Hebrides : Arrangements to deliver vessels 801 and 802” report which can be accessed via the following link https://www.audit-scotland.gov.uk/uploads/docs/report/2022/nr_220323_vessels.pdf. 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.

While our aim is to provide information whenever possible, in this instance the Scottish Government does not hold the information you have requested. Therefore we are refusing your request under the exception at regulation 10(4)(a) of the EIRs. The reasons why that exception applies are explained in the Annex B to this letter. However, you may wish to contact Caledonian Maritime Assets Limited (CMAL) directly at FOI@cmassets.co.uk who may be able to help you.

2. Please set out what checks were carried out to assess FMEL’s evidence of milestone completion?

Some of the information you have requested is available from Audit Scotland’s “New vessels for the Clyde and Hebrides : Arrangements to deliver vessels 801 and 802” report which can be accessed via the following link https://www.audit-scotland.gov.uk/uploads/docs/report/2022/nr_220323_vessels.pdf. 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.

While our aim is to provide information whenever possible, in this instance the Scottish Government does not hold the information you have requested. Therefore we are refusing your request under the exception at regulation 10(4)(a) of the EIRs. The reasons why that exception applies are explained in the Annex B to this letter.

However, you may wish to contact Caledonian Maritime Assets Limited (CMAL) directly at FOI@cmassets.co.uk who may be able to help you.

3. Please identify who recommended and approved that the stage 9 payment should be made?

While our aim is to provide information whenever possible, in this instance the Scottish Government does not hold the information you have requested. Therefore we are refusing your request under the exception at regulation 10(4)(a) of the EIRs. The reasons why that exception applies are explained in the Annex B to this letter.

However, you may wish to contact Caledonian Maritime Assets Limited (CMAL) directly at FOI@cmassets.co.uk who may be able to help you.

4. Please provide all briefings, correspondence, emails, letters, notes of meetings and telephone conversations, between 22/03/2017 and 31/03/2017 inclusive concerning the scheduled payment for completing the ninth milestone.

Information in scope is attached in Annex A.

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 202200291946 - Information Released - Annex A&B
FOI 202200291946 - Information Released - Documents

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

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