Seapeak Maritime communications: FOI release

Information requested

All communications from the last 18 months which relate to Seapeak Maritime.

Response

An exemption(s) under sections s.30(b)(ii) (substantial inhibition to free and frank exchange of views); s.36(1) (claim to confidentiality of communications); and s.38(1)(b) (personal information) of FOISA applies to some of the information you have requested. The reasons why the exemptions apply are explained below.

Please also note that there was information amongst the information you requested, which was out of scope of your request. This information is therefore exempted and will appear redacted.

Section 30(b)(ii) (substantial inhibition to free and frank exchange of views)

An exemption under section 30(b)(ii) (substantial inhibition to free and frank exchange of views) of FOISA applies to some of the information you have requested. This exemption applies because disclosure would, or would be likely to, inhibit substantially the free and frank exchange of views for the purposes of deliberation. This exemption recognises the need for officials to have a private space within which to discuss issues and options internally and with external stakeholders to inform Scottish Government decision making. Disclosing the content of these discussions will substantially inhibit such discussions in the future, because these officials and/or stakeholders will be reluctant to provide their views fully and frankly if they believe that those views are likely to be made public, particularly if discussions are still ongoing or if decisions have not been taken.

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 Ministers and officials a private space within which to communicate as part of the process of exploring and/or refining the Government’s position. This private space is essential to enable all options to be properly considered, so that good decisions can be taken based on fully informed advice and evidence. Premature disclosure is likely to undermine the full and frank discussion of issues between the Scottish Government and these stakeholders, which in turn will undermine the quality of the decision making process, which would not be in the public interest. There is also an important public interest in avoiding the loss of stakeholder confidence in cases where they thought they were providing comments in confidence, which would be inevitable if an individual’s contribution was released against their wishes.

Section 36(1) (claim to confidentiality of communications)

Section 36(1) of FOISA applies to the information you requested as it is subject to legal professional privilege, specifically, legal advice privilege. 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 as part of an open and transparent government, and to inform public debate. However, this is outweighed by the public interest in maintaining the right to confidentiality of communications between legal advisers and clients, to ensure that Ministers and officials are able to receive legal advice in confidence, like any other public or private organisation.

Section 38(1)(b) (personal information)

An exemption under section 38(1)(b) (personal information) of FOISA applies to some of the information you have requested as 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 exemption.

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 202500474487 - Information released - Annex

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