Correspondence regarding Ardrossan Harbour: EIR release

Information requested

Details of any correspondence between the Scottish Government and (a) Peel Ports, (b) CMAL and (c) Transport Scotland on the subject of Ardrossan Harbour between January 1st 2024 up to the present day (9th June 2025). lease include any emails, letters, briefing notes or other forms of communication, whether formal or informal.

Response

As the information you have requested is 'environmental information' for the purposes of the Environmental Information (Scotland) Regulations 2004 (EIRs), we are required to deal with your request under those Regulations. We are applying the exemption at section 39(2) of the Freedom of Information (Scotland) Act 2002 (FOISA), so that we do not also have to deal with your request under FOISA.

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, because there is no public interest in dealing with the same request under two different regimes. This is essentially a technical point and has no material effect on the outcome of your request.

A) Some of the information you have requested is available from previous FOIs requested (EIR/202500449595)- Cabinet Secretary for Transport meetings with Peel Ports regarding Ardrossan Harbour: EIR release - gov.scot, and (EIR/202400436817) - Transport Scotland and the Ardrossan Harbour Task Force correspondence: FOI release - gov.scot

The Ardrossan Taskforce Meetings and letters can also be found here: Ardrossan Harbour Task Force | Transport Scotland.

Under regulation 6(1)(b) of the EIRs, we do not have to give you information which is already publicly available and easily accessible to you in another form or format. 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.

​​​​​​​Aside from the Ardrossan Task Force Meeting (above), from a search of our records the Cabinet Secretary, Fiona Hyslop has not met with Peel Ports Group in relation to Ardrossan Harbour from January 2024 to 9 June 2024.

​​​​​​​B) 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 an exception(s) under regulation(s) 10(4)(e) (internal communications), and 10(5)(e) (Confidentiality of commercial or industrial information) of the EIRs applies to that information. The reasons why that exception(s) applies are explained in the Annex to this letter.

​​​​​​​Please see Annex A for notes from meetings between the Cabinet Secretary and CMAL in relation to Ardrossan Harbour between dates requested.

​​​​​​​C) 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 exception(s) under regulation(s) 10(4)(e) (internal communications), and 10(5)(e) (Confidentiality of commercial or industrial information) of the EIRs applies to that information. The reasons why that exception(s) applies are explained in the Annex to this letter.

​​​​​​​​​​​​​​Please see Annex B for notes from meetings between the Cabinet Secretary and Transport Scotland officials in relation to Ardrossan Harbour between dates requested.

Annex
An exception applies

Regulation 10(4)(e) (internal communications) of the EIRs applies to all of the information you have requested. Regulation 10(4)(e) of the Environmental Information (Scotland) Regulations 2004 (the EIRs) allows a Scottish public authority to withhold internal communications if release could harm internal governmental processes.

This exception 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 exception. We have found that, on balance, the public interest lies in favour of upholding the exception. We recognise that there is some public interest in release as part of open, transparent and accountable government. However, this is outweighed by the public interest in ensuring internal processes can proceed without prejudice.

Regulation 10(5)(e) - Confidentiality of commercial or industrial information – An exception under 10 (5)(e) of the EIR’s (confidentiality of commercial or industrial information) applies to the information you requested.

The exception applies as some of the information is commercially sensitive and release could compromise our collective ability to reach an agreed policy position. 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 exception. We have found that, on balance, the public interest lies in favour of upholding the exception. We recognise that there is some public interest in release as part of open, transparent and accountable government. However, this is outweighed by the strong public interest in maintaining the right to restrict commercially sensitive information.

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.

EIR 202500469896 - Information Released - Annex

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