Correspondence on vessels being constructed at Ferguson Marine: FOI release

Information requested

1. Please could you provide all emails between Cemre Marin Endustri A.S shipyard and Scottish Government officials at CMAL, Transport Scotland, Economic Development Directorate, and the Economic Strategy and Fair Work Directorate, that discuss the build of a new vessel and/or a replacement vessel for vessel 802 currently being constructed at Ferguson Marine. This should only cover the period since 1 January 2023.
2. Please could you provide all emails between the GMB Union and CMAL, Transport Scotland, Economic Development Directorate, and the Economic Strategy and Fair Work Directorate that discuss the build of a new vessel and/or a replacement vessel for vessel 802 currently being constructed at Ferguson Marine. This should only cover the period since 1 January 2023.
3. Please could you confirm which shipyards and/or maritime experts were consulted as part of the due diligence assessment discussed in Neil Gray’s Ferguson Marine update on 16 May, and any associated correspondence/reports/assessment that they provided to Scottish Government.
4. Please could you provide the islands community impact assessment and/or minutes from island community meetings that were carried out before making the decision to continue to build vessel 802 at Ferguson Marine.
5. Please could you provide information on the due diligence assessment for the two Ferguson Marine ferries, discussed in Neil Gray’s Ferguson Marine update on 16 May, including

       a) The number of staff involved in the due diligence assessment.
       b) The dates the due diligence assessment started and concluded.
       c) The total cost of the due diligence assessment.
       d) The date the Cabinet Secretary Neil Gray MSP was told that vessel 802 would not represent value for money
       e) The date the Cabinet Secretary Neil Gray MSP decided that vessel 802 would continue to be built at Ferguson Marine.
       f) The date of when vessel 802 and the assessment that it would not represent value for money was discussed at a cabinet meeting.”

Response

1. I am issuing a formal notice under section 17(1) stating the Scottish Government does not hold the information that falls within scope of your request.

2. I am issuing a formal notice under section 17(1) stating the Scottish Government does not hold the information that falls within scope of your request.

3. Some of the information you have requested has already been published online. Under section 25(1) of FOISA, we do not have to give you information which is already reasonably accessible to you. For ease, I have provided a direct link below:

• Written question and answer: S6W-18409 | Scottish Parliament Website

While our aim is to provide you information wherever we can, on this occasion after reviewing the information on a line-by-line basis, we are unable to provide you with some of the information that you have requested. An exemption under section 33(1)(b) of FOISA applies to the information you have requested because it is likely to prejudice substantially the commercial interests of the company and the Scottish Government as an interested party.

Releasing this information will impact the current operational abilities, including the delivery of the vessels and future viability of commercial operations of the company involved at substantial risk. There is also a contractual agreement between the businesses providing the advice to Government that the information provided is commercially sensitive, whilst considering the public interest tests it would be inappropriate to publish the information.

This exemption is subject to the ‘public interest test’. Therefore, taking into 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. We recognise that there is some public interest in release of this information to provide transparency on information given to the Ministers and officials, on costs of the projects and programmes funded from the public purse and on the progress of these particular projects. However, this is outweighed by the public interest in limiting disruption to the costs and delivery schedule of the vessels, maintaining current and safeguarding

4. I am issuing a formal notice under section 17(1) stating the Scottish Government does not hold the information that falls within scope of your request.

5. a) I am issuing a formal notice under section 17(1) stating the Scottish Government does not hold the information that falls within scope of your request.

    b) The due diligence assessment began in August and concluded with the statement made by the Cabinet Secretary on 16th May 2023.

    c) Some of the information you have requested has already been published online. Under section 25(1) of FOISA, we do not have to give you information which is already reasonably accessible to you. For ease, I have provided a direct link below:

• Written question and answer: S6W-18410 | Scottish Parliament Website

    d) The Cabinet Secretary Neil Gray MSP was told that vessel 802 would not represent value for money on 21st April 2023

    e) Some of the information you have requested has already been published online. Under section 25(1) of FOISA, we do not have to give you information which is already reasonably accessible to you. For ease, I have provided a direct link below:

• Ferguson Marine - due diligence vessel 802: written authority approval 14 May 2023 - gov.scot (www.gov.scot)

    f) The date of when vessel 802 and the assessment that it would not represent value for money was discussed at a cabinet meeting on 16 May 2023

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