Barlinnie replacement prison and recorded crime in Scotland: FOI release

Information request and response under the Freedom of Information (Scotland) Act 2002


Information requested

1. The current cost projection of the Barlinnie replacement prison, with a full breakdown of costs.

2. All documentation held by the Scottish Government, including correspondence sent and received (including internal), minutes/notes from  meetings, briefings and analysis, about the construction of the Barlinnie replacement prison, from the last month.

3. All documentation held by the Scottish Government, including correspondence sent and received (including internal), minutes/notes from meetings, briefings and analysis, about the Recorded Crime in Scotland: year ending June 2025 stats, from the last two months.

Response

Part 1

The current cost projection of HMP Glasgow is £998m. As to the breakdown of costs, while our aim is to provide information whenever possible, in this instance we are unable to provide the information you have requested because an exemption under section 33(1)(b) of FOISA – substantial prejudice to commercial interests - applies to that information. This is because the construction contract for HMP Glasgow is a live contract and disclosing this information is likely to prejudice the commercial relationship between the Scottish Prison Service and the contractor. 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, we consider there is a greater public interest in avoiding substantial prejudice to commercial interests in this case. 

Part 2

I enclose a copy of some of the information you requested in Annex A. While our aim is to provide information whenever possible, in this instance we are unable to provide some of the information you have requested due to the following exemptions:

Under section 25(1) of FOISA, we do not have to give you information which is already reasonably accessible to you. The Scottish Prison Service Annual Report and Accounts for 2024/25 are available at SPS Annual Report and Accounts 2024-25 published | Scottish Prison Service. You can also find the Scottish Government Infrastructure Investment Plan at Infrastructure investment plan 2021-22 to 2025- 26: major capital projects progress update – February 2025 - gov.scot 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.

Section 30(b) of FOISA (free and frank provision of advice or exchange of views) applies to some this information. This exemption applies because disclosure would, or would be likely to, inhibit substantially the free and frank provision of advice or exchange of views for the purposes of deliberation. This exemption recognises the need for Ministers and officials to have a private space within which to discuss and explore options before the Scottish Government reaches a settled public view. 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 exchange views provide full and frank advice, as part of the process of exploring and refining the Government’s position until the Government as a whole can adopt a decision that is sound and likely to be effective. 

Section 33(1)(b) (substantial prejudice to commercial interests) applies to some of this information. This is because the construction contract for HMP Glasgow is a live contract and disclosing this information is likely to substantially prejudice the commercial relationship between the Scottish Prison Service and the contractor. 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, we consider there is a greater public interest in avoiding substantial prejudice to commercial interests in this case.

Section 38(1)(b) of FOISA (personal information) applies to some of this information because it is personal data of a third party, i.e. names and contact details of individuals, 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.

Part 3

I have enclosed some of the information you have requested in Annex 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 due to the below exemptions.

Under section 25(1) of FOISA, we do not have to give you information which is already reasonably accessible to you. Some of the information you have requested, the statistical bulletin, tables and corresponding Statistical News Release are published on gov.scot. Under section 25(1) of FOISA, we do not have to give you information which is already reasonably accessible to you. If, however, you do not have internet access to obtain this information from the websites listed, then please contact me again and I will send you paper copies.

An exemption under section 38(1) (personal information) of FOISA applies to some the information you have requested. You will note that I have redacted the names of some civil servants below SCS in order to comply with the UK General Data Protection Regulation (GDPR) and 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 202500483086 - Information released - Annex A
FOI 202500483086 - Information released - Annex B

Contact

Please quote the FOI reference
Central Correspondence Unit
Email: contactus@gov.scot
Phone: 0300 244 4000

The Scottish Government
St Andrew's House
Regent Road
Edinburgh
EH1 3DG

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