Correspondence regarding MV Isle of Islay delay: FOI release

Information requested

All correspondence that Fiona Hyslop, and her advisors, received and sent relating to the announcement on 3 March 2025 that CalMac’s Turkish-built would be delayed.

Response

I enclose a copy of some of the information you requested.

An exemption under section 38(1)(b) of the FOISA (personal information of a third party) applies to some of the information requested because it is personal data of a third party and disclosing it would contravene the data protection principles in Article 5(1) of the General Data Protection Regulation and in section 34(1) of the Data Protection Act 2018. 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 exception.

An exemption under Section 29(1)(b) of the FOISA (Ministerial communications) applies to some of the information requested because it is correspondence between the Scottish Cabinet. 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. We recognise that there is some public interest in release, however, this is outweighed by the fact that the some of the information includes communications relating to proceedings of the Scottish Cabinet.

An exemption under Section 33(1)(b) - Substantial prejudice to commercial interests applies to some of the information requested. 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. We recognise that there is some public interest in release, however, this is outweighed by the fact that disclosing some of the information may cause substantial prejudice to the interests of a commercial shipyard.

An exemption under Section 30(b)(i) - free and frank provision of advice applies to some of the information requested. 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. We recognise that there is some public interest in release, however, this is outweighed by the fact that the some of the information is correspondence with Scottish Cabinet Ministers in relation to a live contract between CMAL and Cemre shipyard and contains sensitive information that should not be disclosed publicly.

You may wish to note that Caledonian Maritime Assets Limited has provided the latest delivery position to the Scottish Parliaments Net Zero, Energy and Transport Committee, which can be accessed via the link below.

Quarterly update March 2025 | Scottish Parliament Website

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FOI 202500456054 - Information Released - Annex

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