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Correspondence and funding from Scottish Government to Ferguson Marine: FOI release

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


Information requested

1. Could you supply all documentation held by the Scottish Government, including correspondence sent and received (including internal), minutes/notes from meetings, briefings, analysis, about the promised £14.2m funding to Ferguson Marine, from the last three months?

2. How much of the £14.2m has been given to Ferguson Marine so far?

3. How much money has been given to BAE Systems in the last five years, with a breakdown of what the money was spent on?

4. Could you supply all documentation held by the Scottish Government, including correspondence sent and received (including internal), minutes/notes from meetings, briefings, analysis, about the probe launched into Ferguson Marine, as announced here, from the last three months? https://www.scottishdailyexpress.co.uk/news/politics/scottish-government-launch-new-probe-32999042

5. Could you supply all documentation seen by John Swinney, and minutes/notes from meetings John Swinney has had about ferries being built at Ferguson Marine, from the last three months?

Response

I will address each question individually given this was a multiple question FOI.

1. Could you supply all documentation held by the Scottish Government, including correspondence sent and received (including internal), minutes/notes from meetings, briefings, analysis, about the promised £14.2m funding to Ferguson Marine, from the last three months?

I enclose a copy of all of the information you requested. The information contains redactions in order to legally comply with GDPR.

2. How much of the £14.2m has been given to Ferguson Marine so far?

All of the information you have requested is available from https://www.parliament.scot/chamber-andcommittees/committees/current-and-previous-committees/session-6-public-auditcommittee/correspondence/2025/the-202324-audit-of-ferguson-marine-port-glasgow-scottishgovernment-response-october-2025. 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 website(s) listed, then please contact me again and I will send you a paper copy.

3. How much money has been given to BAE Systems in the last five years, with a breakdown of what the money was spent on? 

While our aim is to provide information whenever possible, in this instance the Scottish Government does not have the information you have requested. However, you may wish to contact the Enterprise Agencies and Skills Development Scotland, who may be able to help you.

4. Could you supply all documentation held by the Scottish Government, including correspondence sent and received (including internal), minutes/notes from meetings, briefings, analysis, about the probe launched into Ferguson Marine, as announced here, from the last three months? https://www.scottishdailyexpress.co.uk/news/politics/scottish-governmentlaunch-new-probe-32999042 

An exemption under section 27(1) of FOISA applies to all of the information requested because we intend to publish that information on 17 November 2025, which is within 12 weeks of the date of your request. We consider that it is reasonable to withhold the information until that date, rather than release this information before the  planned publication date.

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 because the information relates to Ferguson Marine which is a Scottish Government owned entity, and this will be met by our planned publication. In the meantime, there is a greater public interest in taking the time necessary to ensure the information has been properly collated and checked before it is published as planned. Also, we see no public interest in disrupting our programme of work to release the information ahead of the intended publication date.

5. Could you supply all documentation seen by John Swinney, and minutes/notes from meetings John Swinney has had about ferries being built at Ferguson Marine, from the last three months?

While our aim is to provide information whenever possible, in this instance we are unable to provide the information you have requested because exemptions under sections 30(b)(i) and 30(b)(ii) of FOISA (free and frank advice and exchange of views) of FOISA applies to that information. The reasons why those exemptions apply are as follows.

Exemptions under sections 30(b)(i) and 30(b)(ii) of FOISA (free and frank advice and exchange of views) apply to all of the information requested. These exemptions apply because disclosure would, or would be likely to, inhibit substantially the free and frank provision of advice and exchange of views for the purposes of deliberation. The exemptions recognise the need for Ministers to have a private space within which to seek advice and views from officials before reaching the settled public position which will be given in whatever lines to take are used. Disclosing the content of free and frank briefing material about ferries being built at Ferguson Marine will substantially inhibit such briefing in the future, particularly because discussions on the issue are still ongoing and final decisions have not been taken.

These exemptions are 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 exemptions. We have found that, on balance, the public interest lies in favour of upholding the exemptions. 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 lines to take. It is clearly in the public interest that Ministers can properly provide sound information to Parliament (to which they are accountable), and robustly defend the Government’s policies and decisions. They need full and candid advice from officials to enable them to do so. 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.

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 202500485652 - Information released - Annex A

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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