Transport Scotland - Reinstatement of island representation on Caledonian Maritime Assets Ltd Board: FOI release

Information requested

You have:

(1) raised concerns about the reappointment decision of Mr Murdo MacLennan to the CMAL Board, including the impact the decision will have on island community representation. You have called on Scottish Ministers to either reinstate Mr MacLennan or urgently appoint a qualified island-based Director.

(2) requested the release of all documentation and correspondence related to the decision not to reappoint Mr MacLennan, including communications between CMAL, Transport Scotland and the Scottish Government, as well as any internal assessments or ministerial briefings that informed the decision.

Response

Response (1):

For context, appointments, reappointments, and extensions to the Boards of public bodies in Scotland are carried out in line with the Ethical Standards Commissioner’s Code of Practice for Ministerial Appointments to Public Bodies in Scotland (“The Code”).

The Code is clear that reappointment is not automatic when a Board member’s initial term concludes.

Recommendations for reappointment are made by the Chair of the Board, based on their evaluation of the Board’s current requirements and Board members performance. It would not be appropriate for Scottish Ministers or any other party to seek to influence this process.

Scottish Ministers fully share your views on the importance of maintaining island representation on the CMAL Board, including skills in Gaelic, reflecting the unique cultural identity of communities across the Western Isles.

To that end, a new appointment campaign for CMAL is being prepared. This campaign will actively seek candidates with current and direct experience of living and working on the islands, Gaelic language skills, and the broader skills, knowledge, and experience required for Board appointments. This campaign will also emphasise the importance of other protected characteristics, including gender balance.

The appointment process will be carried out in accordance with the above Code. The selection panel for this campaign will also include an independent member, appropriately qualified to assess knowledge and experience of island communities and abilities in Gaelic.

Response (2):

I have considered your request under the Freedom of Information (Scotland) Act 2002 (FOISA) and have attached at Annex A, a copy of some of the information requested.

While our aim is to provide information whenever possible, in this instance we are unable to provide some of the information. This is due to exemptions under sections 38(1)(b) (personal information), 30(b)(i) and (ii) (free and frank advice and exchange of views), and 36(1) (confidentiality) of FOISA, being applied to the information. Please note that additional redaction's were made for content outside the scope of your request.

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

Sections 30(b)(i) & (ii) (free and frank provision of advice and exchange of views) and 36(1) (confidentiality) are subject to the public interest test. After considering all relevant circumstances, we have concluded that the public interest in maintaining these exemptions outweighs the interest in disclosure. Releasing the information would likely inhibit the free and frank exchange of views and advice necessary for effective deliberation.

As recommendations for reappointment are made by the Chair of the Board. You may wish to consider contacting Caledonian Maritime Assets Ltd for further assistance.

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 202500488744 - Information released - Annex A

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