Information in relation to skills shortages at Scotland’s shipyards: FOI release

Information requested

Any email correspondence, meeting notes, internal or external discussion materials involving ministers and officials in relation to skills shortages at Scotland’s shipyards.

Please also include the above relating to any discussions on reliance on foreign workers at BAE Shipyards in Govan and Scotstoun and at Babcock in Rosyth.

Response

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

While our aim is to provide information whenever possible, in this instance we are unable to provide some of the information you have requested because an exemption under sections:

• s30(b)(i) Prejudice to effective conduct of public affairs
• s30(b)(ii) Prejudice to effective conduct of public affairs
• s30(c) Prejudice to effective conduct of public affairs
• s38(1)(a) Personal information

of FOISA applies to that information. The reasons why these exemptions apply are explained below.

Section 30(b)(i): Prejudice to effective conduct of public affairs - free and frank provision of advice

An exemption under section 30(b)(i) of FOISA applies to some of the information you have requested. Information is exempt if it would prejudice substantially, or be likely to prejudice substantially, the effective conduct of public affairs. 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 have free and frank exchanges of advice with a range of stakeholders and Ministers in relation to policy making. It is clearly in the public interest that Ministers can properly make decisions, potentially provide sound information to Parliament (to which they are accountable) and to understand fully the policy decisions being made. They need full and candid advice from officials to enable them to do so. Disclosure of this type of information could lead to a reduction in the ability to provide a range of frank advice and views in the future, which would not be in the public interest.

Section 30(b)(ii): Prejudice to effective conduct of public affairs - free and frank exchange ofviews for the purposes of deliberation

An exemption under section 30(b)(i) of FOISA applies to some of the information you have requested. Information is exempt if it would prejudice substantially, or be likely to prejudice substantially, the effective conduct of public affairs. 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 have a free and frank exchange of views with a range of stakeholders and Ministers in relation to policy making. It is clearly in the public interest that Ministers can properly make decisions, potentially provide sound information to Parliament (to which they are accountable) and to understand fully the policy decisions being made. They need a range of candid views from officials to enable them to do so. Disclosure of this type of information could lead to a reduction in the ability to provide a range of free and frank exchange of views in the future, which would not be in the public interest.

S30(c) Prejudice to the effective conduct of public affairs - prejudice substantially, or be likely to prejudice substantially, the effective conduct of public affairs.

An exemption under S30(c) Prejudice to the effective conduct of public affairs, of FOISA applies to some of the information you have requested. Information is exempt if it would prejudice substantially, or be likely to prejudice substantially, the effective conduct of public affairs. 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 and Ministers can contemplate issues as part of a free and frank exchange of views and advice with a range of stakeholders in relation to policy making. It is clearly in the public interest that Ministers can properly make decisions, potentially provide sound information to Parliament (to which they are accountable) and to understand fully the policy decisions being made. Ministers and officials need a private space to enable them to do so in a free and frank manner. Disclosure of this type of information could lead to a reduction in the ability to fully contemplate issues in the future, which would not be in the public interest.

S38(1)(b) Personal Information

While our aim is to provide information whenever possible, in this instance we are unable to provide some of the information you have requested because an exemption under section 38(1)(b) (personal information) of FOISA applies to a some of the information, being the personal data of a third party, i.e. the names and personal information of officials from bands A-C have been removed as well as personal information of individuals from other organisations. Disclosing such 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 202500493643 - Information released - Annex

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