Alexander Dennis closure correspondence: EIR release

Information requested

1. All correspondence that Kate Forbes received regarding the closure of Alexander Dennis in advance of the announcement that it was moving production to England on 12 June.

2. All correspondence that the First Minister received regarding the closure of Alexander Dennis in advance of the announcement that it was moving production to England on 12 June.

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.

I enclose a copy of most of the information you requested. 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 exceptions under regulations 10(4)(e) (internal communications), 10(5)(e)(substantial prejudice to confidentiality of commercial or industrial information), and 11(2) (personal information) of the EIRs applies to that information. The reasons why the exceptions apply are explained below.

ANNEX

Reason for not providing information

An exception applies

Regulation 11(2) – personal information
An exception under regulation 11(2) of the EIRs (personal information) 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 exception 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.

Regulation 10(4)(e) – internal communications
An exception under regulation 10(4)(e) of the EIRs (internal communications) applies to some of the information you have requested because it is internal communication about briefing material and advice to Scottish Ministers.

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 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 provide free and frank advice and views to Ministers in briefings or submissions. It is clearly in the public interest that Ministers can properly review officials advice in a private space, and inform Parliament and the public when policy decisions have been made. Premature disclosure of this type of information could
lead to a reduction in the comprehensiveness and frankness of such advice and views in the future, which would not be in the public interest.

Regulation 10(5)(e) – substantial prejudice to confidentiality of commercial or industrial information

An exception under Regulation 10(5)(e) - Confidentiality of commercial or industrial information of the EIRs applies to some the information you have requested. This is due to information pertaining to commercially sensitive information related to Alexander Dennis Limited which would be likely result in harm to a legitimate economic interest if disclosed. It applies to information contained in Document 1 and it is indicated in the document where this has been applied.

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 for interest in wider government transparency and interest in engagement between Government and commercial companies. However, this is outweighed by the public interest in ensuring that the economic interests of companies are not impacted, particularly where information is commercial or economic in nature and which are not in the public domain or have since changed.

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 202500471639 - Information Released - Annex

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