Construction of HMP Glasgow: FOI release

Information requested

1. All documentation held by the Scottish Government, including correspondence seen and received (including internal), briefings, minutes/notes from meetings, analysis, about the construction of HMP Glasgow, from the last month. 

2. The latest timeline for finishing it and also a list of all the previous completion dates which were later delayed.

Response

Part 1

I enclose a copy of some of the information you requested in Annex A. While our aim is to provide information whenever possible, in this instance we are unable to provide some of the information you have requested due to the following exemptions:

Section 30(b) of FOISA (free and frank provision of advice or exchange of views) applies to some this information. This exemption applies because disclosure would, or would be likely to, inhibit substantially the free and frank provision of advice or exchange of views for the purposes of deliberation. This exemption recognises the need for Ministers and officials to have a private space within which to discuss and explore options before the Scottish Government reaches a settled public view. 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 a public interest in disclosing information as part of open, transparent and accountable government, and to inform public debate. However, there is a greater public interest in allowing a private space within which officials can exchange views provide full and frank advice, as part of the process of exploring and refining the Government’s position until the Government as a whole can adopt a decision that is sound and likely to be effective.

Section 33(1)(b) (substantial prejudice to commercial interests) applies to some of this information. This is because the construction contract for HMP Glasgow is a live contract and disclosing this information is likely to substantially prejudice the commercial relationship between the Scottish Prison Service and the contractor. 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 a public interest in disclosing information as part of open, transparent and accountable government, and to inform public debate. However, we consider there is a greater public interest in avoiding substantial prejudice to commercial interests in this case.

Section 38(1)(b) of FOISA (personal information) applies to some of this information because it is personal data of a third party, i.e. names and contact details of individuals, 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 exemption. 

Part 2

The answer to your second question is that construction completion of HMP Glasgow is scheduled for 2028. In terms of previous completion dates, this information is available here https://www.parliament.scot/chamber-and-committees/questions-and-answers/question?ref=S6W-35123  Section 25 of the Freedom of Information (Scotland) Act 2002 (FOISA) exempts information from disclosure where the requester can reasonably obtain the information without asking for it under FOISA. 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. 

About FOI

The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at https://www.gov.scot/foi-responses.

FOI 202500469370 - information released - Annex A

File type

PDF

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123.9 kB