Contract with Navantia UK Ltd for Fleet Solid Support Ships documentation: FOI release

Information requested

(1) Communications between the Scottish Government and either the Department for Business and Trade, Navantia UK Ltd, or their representatives regarding planned or ongoing investment and operations at Arnish and Methil shipyards.

(2) Communications between the Scottish Government and either the Department for Business and Trade, Harland & Wolff, or their representatives regarding the FSS program, Team Resolute or Navantia UK Ltd.

(3) Internal briefings, strategy documents, or planning materials relating to infrastructure upgrades, workforce development, or economic support at Arnish or Methil that refer to or are otherwise linked to Navantia UK Ltd.

Response

I have split the three requests and address each separately below.

(1) Your request. You asked for 'communications between the Scottish Government and either the Department for Business and Trade, Navantia UK Ltd, or their representatives regarding planned or ongoing investment and operations at Arnish and Methil shipyards.'

Response to your request

While our aim is to provide information whenever possible, in this instance the costs of locating, retrieving and providing the information requested would exceed the upper cost limit of £600. The breadth of the search requested gives results across a range of different business areas who have indicated they hold significant numbers of records, and processing these would take significant time beyond the upper cost limit set by Regulations. Under section 12 of FOISA public authorities are not required to comply with a request for information if the authority estimates that the cost of complying would exceed the upper cost limit, which is currently set at £600 by Regulations made under section 12.

You may, however, wish to consider reducing the scope of your request in order that the costs can be brought below £600. For example, you could specify the subject matter(s) of the correspondence you are interested in. You may also find it helpful to look at the Scottish Information Commissioner's' Tips for requesting information under FOI and the EIRs on his website at: http://www.itspublicknowledge.info/YourRights/Tipsforrequesters.aspx.

(2) Your request. You asked for 'communications between the Scottish Government and either the Department for Business and Trade, Harland & Wolff, or their representatives regarding the FSS program, Team Resolute or Navantia UK Ltd.'

Response to your request

While our aim is to provide information whenever possible, in this instance the costs of locating, retrieving and providing the information requested would exceed the upper cost limit of £600. The breadth of the search requested gives results across a range of different business areas who have indicated they hold significant numbers of records, and processing these would take significant time beyond the upper cost limit set by Regulations. Under section 12 of FOISA public authorities are not required to comply with a request for information if the authority estimates that the cost of complying would exceed the upper cost limit, which is currently set at £600 by Regulations made under section 12.

You may, however, wish to consider reducing the scope of your request in order that the costs can be brought below £600. For example, you could specify the subject matter(s) of the correspondence you are interested in. You may also find it helpful to look at the Scottish Information Commissioner's' Tips for requesting information under FOI and the EIRs on his website at: http://www.itspublicknowledge.info/YourRights/Tipsforrequesters.aspx.

(3) Your request. You asked for 'internal briefings, strategy documents, or planning materials relating to infrastructure upgrades, workforce development, or economic support at Arnish or Methil that refer to or are otherwise linked to Navantia UK Ltd.'

Response to your request

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

While our aim is to provide information whenever possible, in this instance some of the material is being withheld under exemptions outlined in the Freedom of Information (Scotland) Act 2002 (FOISA).

Section 30(b)(i) – free and frank provision of advice
Exemptions under section 30(b)(i) of FOISA (free and frank provision of advice) applies to some of the information requested. This exemption recognises the need for Ministers to have a private space within which to seek advice and views from officials before reaching the settled public position. 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 provide full and frank advice to Ministers as part of the process of exploring and refining the Government’s policy, until the Government as a whole can adopt a policy decision that is sound and likely to be effective. This private thinking space is essential to enable all options to be properly considered, based on the best available advice, so that good policy decisions can be taken. Premature disclosure is likely to undermine the full and frank discussion of issues between Ministers and officials, which in turn will undermine the quality of the policy decision making process, which would not be in the public interest.

Section 33(1)(b) – substantial prejudice to commercial interests
Exemptions under section 33(1)(b) of FOISA (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 a public interest in disclosing information as part of open, transparent and accountable government, and to inform public debate. However, there are considerable security, financial and commercial risks to the company involved in releasing what is commercially sensitive information to the public.

Section 38(1)(b) – personal data
This exemption applies to some of the information requested because it is personal data of a third party, i.e. names and contact details, 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 202500475360 - Information released - Documents

File type

PDF

File size

1.6 MB