Port of Nigg sale communications: EIR release

Information requested

All internal communications since 1 March 2025 regarding the sale of Port of Nigg by Global Energy group to Mitsui Group please. I define “correspondence and communications” as including (but not limited to) the following:

- Emails (and their attachments)
- Letters
- Memos
- Briefings
- Research documents
- Notes taken during telephone conversations
- Minutes taken during meetings/invitations

Response

I enclose a copy of most of the information you requested in the format you asked for: PDF.

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.

An exception under regulation 10(4)(e) and regulation 10(5)(e) of the EIRs 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.

Regulation 10(4)(e) - internal communications

An exemption(s) under Regulation 10(4)(e) (internal communications) applies to some of the information you have requested as disclosure would, or would be likely to, cause substantial harm due to that information being an exchange of frank views in relation to a decision-making process and/or it containing legal advice and subject to legal professional privilege, specifically, legal advice privilege.

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 disclosing the information as part of open, transparent and accountable government, and to inform public debate. However, this is outweighed by the public interest in ensuring:

1. Ministers and officials are allowed 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 discussion of issues between the Scottish Government, officials and/or 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.
2. The right to confidentiality of communications between legal advisers and clients is maintained, to ensure that Ministers and officials are able to receive legal advice in confidence, like any other public or private organisation.

Regulation 10(5)(e) - Confidentiality of commercial or industrial information

An exemption(s) under Regulation 10(5)(e) (confidentiality of commercial or industrial information) applies to some of the information you have requested as the information in question is commercially confidential and sensitive, which if released, could negatively impact and/or disadvantage the companies.

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 disclosing the information as part of open, transparent and accountable government, and to inform public debate. However, this is outweighed by the public interest in ensuring that companies confidential information does not inadvertently prejudice their commercial interests by, for example, giving their competitors an advantage in bidding or tendering processes.

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 202500478304 - Information released - Annex

File type

PDF

File size

510.1 kB