Legal advice relating to Ferguson Marine loan: FOI release

Information requested

1. Please could you confirm whether legal advice was given to Scottish Government ministers in relation to a £30m loan intervention that was provided to Ferguson Marine in June 2018 and if so whether it was from external counsel.
2. Please could you confirm whether legal advice has been given to Scottish Ministers in relation to whether a direct award can be made to Ferguson Marine in relation to ferry contracts since 2019 and if so whether it was from external counsel.

Response

1. Please could you confirm whether legal advice was given to Scottish Government ministers in relation to a £30m loan intervention that was provided to Ferguson Marine in June 2018 and if so whether it was from external counsel.

Yes, legal advice was given to Scottish Government ministers in relation to a £30m loan intervention that was provided to Ferguson Marine in June 2018. According to paragraph 2.38 of the Scottish Ministerial Code, the Scottish Government does not divulge the source of its legal advice. Therefore, we cite Section 30(c) of FOISA (substantial prejudice to effective conduct of public affairs) in deciding not to provide the information of whether the legal advice was from external counsel. This exemption is subject to the public interest test. This means that, even if the exemption applies, the information must be disclosed unless the public interest in withholding the information outweighs the public interest in disclosing it. While there is a degree of public interest in revealing this information, there is a greater public interest in maintaining the provisions of the Scottish Ministerial Code.

2. Please could you confirm whether legal advice has been given to Scottish Ministers in relation to whether a direct award can be made to Ferguson Marine in relation to ferry contracts since 2019 and if so whether it was from external counsel.

Yes, legal advice has been given to Scottish Ministers in relation to whether a direct award can be made to Ferguson Marine in relation to ferry contracts since 2019. According to paragraph 2.38 of the Scottish Ministerial Code, the Scottish Government does not divulge the source of its legal advice. Therefore, we cite Section 30(c) of FOISA (substantial prejudice to effective conduct of public affairs) in deciding not to provide the information of whether the legal advice was from external counsel. This exemption is subject to the public interest test. This means that, even if the exemption applies, the information must be disclosed unless the public interest in withholding the information outweighs the public interest in disclosing it. While there is a degree of public interest in revealing this information, there is a greater public interest in maintaining the provisions of the Scottish Ministerial Code.

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