Appointments to the board of Caledonian MacBrayne: FOI release

Information requested

1. The appointments policy for the board of David MacBrayne Limited.

2. Documents which suggest or explain why the Scottish Government has again failed to advertise vacancies for that board in the actual Outer Hebrides area.

3. Documents written by civil servants, other officials and/or board members which include any comments on the well-publicised failures to appoint islanders to such positions.

4. Any other relevant documentation which may help explain what appears at the moment to be a deliberate policy to exclude islanders from such appointments.

Response

I answer your questions and enclose copies of the information you requested.

1. The appointments policy for the board of David MacBrayne Limited.

The process to appoint to the board of David MacBrayne Limited (DML) is regulated by the Ethical Standards Commissioner (ESC). Each recruitment round is overseen by both the ESC and the Scottish Government’s Public Appointments Team. This includes a selection panel to which an advisor is appointed on behalf of the ESC to help ensure that the appointment process is fair and open, and that those appointed are appointed on merit.

The ESC publishes a Code of Practice for Ministerial Appointments to Public Bodies in Scotland. The code can be found at the following link: [Code of Practice for Ministerial Appointments to Public Bodies in Scotland – March 2022 version | Ethical Standards Commissioner]. The Articles of Association of David MacBrayne Limited are published and are available on the Companies House website and can be found at the following link [Companies House].The Articles determine that ‘there shall be no maximum number of Directors’.

2. Documents which suggest or explain why the Scottish Government has again failed to advertise vacancies for that board in the actual Outer Hebrides area.

Attached at Annex A is correspondence including the publicity/advertising strategy which was adopted for this appointment round highlighting the opportunities within the local communities. This includes a public letter sent to the local authority chief executives including to Comhairle nan Eilean Siar (Western Isles Council) asking that they share details of the appointments with local Planning Boards, Committee and Stakeholder groups including the Scottish Islands Federation, asking them to highlight the recruitment opportunities within their island or remote community and other relevant
community groups.

The appointments were advertised widely, (also in written Gaelic) including on the CalMac vessels travelling to and from our island communities, an article was also placed in www.ampaipear.com .

3. Documents written by civil servants, other officials and/or board members which include any comments on the well-publicised failures to appoint islanders to such positions.

Attached at Annex B is correspondence relating to consideration which was given to what can and should be done to encourage islanders to apply for the David MacBrayne Limited Board positions.

4. Any other relevant documentation which may help explain what appears at the moment to be a deliberate policy to exclude islanders from such appointments.

No information is held as such a policy does not exist.

All regulated Ministerial public appointments, as outlined in response to your first question, are subject to the ESC Code of Practice for Ministerial Appointments to Public Bodies in Scotland. Those appointed are appointed on merit. The code states “Merit is defined by the Scottish Ministers for each board position to be filled, based on that board’s specific needs at the time of, and anticipated period for, that appointment”.

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 of the following exemptions:

Section 38(1)(b) personal data the disclosure of which would contravene data protection principles of FOISA applies to this information, section 30(b)(i) & 30(b)(ii) free and frank exchange of views for the purposes of advice and deliberation. Some other text has been redacted from the documents as this has been deemed as being outwith the scope of your request.

ANNEX
REASONS FOR NOT PROVIDING INFORMATION
An exemption applies

An exemption under section 38 (1)(b) of FOISA applies to some of the information you have requested because it is personal data and disclosure would contravene data protection principles.

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.

Exemptions under 30(b)(i) & 30(b)(ii) of FOISA (the free and frank exchange of views for the purposes of advice and deliberation) apply to some the information requested. These exemptions apply because disclosure would, or would be likely to, inhibit substantially the free and frank exchange of views for the purposes of deliberation.

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 202200332286 - Information released

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