Glasgow Prestwick Airport correspondence: FOI release

Information requested

Could I further have any correspondence from or to Ms Forbes that relates to Prestwick Airport?

On the basis of the remainder of your request being focused on correspondence between Scottish Ministers and Community Windpower, I have interpreted this request as being specific to correspondence where Glasgow Prestwick Airport and Community Windpower are both mentioned.

Response

I enclose a copy of most 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 exemptions under sections 30(b)(i) (free and frank provision of advice), 30(b)(ii) (free and frank exchange of views), 33(1)(b) (commercial interests) and 38(1)(b) (personal information) of FOISA apply to that information. The reasons that exemptions apply are explained below.

An exemption under section 30(b)(i) of FOISA (free and frank provision of advice) applies to some of the information requested. This exemption applies because disclosure would, or would be likely to, inhibit substantially the free and frank provision of advice. This exemption recognises the need for officials to have a private space within which to provide free and frank advice to Ministers before the Scottish Government reaches a settled public view. Disclosing the content of free and frank advice on commercial interaction between Glasgow Prestwick Airport and windfarm developers will substantially inhibit the provision of such advice in the future, particularly because these discussions relate to a sensitive or controversial issue such as commercial arrangements between airport operators and windfarm developers.

​​​​​​​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 greater public interest in allowing a private space within which officials can provide full and frank advice to Ministers, as part of the process of exploring and refining the Government’s position on interactions between Glasgow Prestwick Airport and windfarm developers. This private thinking space is essential to enable all options to be properly considered, based on the best available advice, so that good decisions can be taken. Disclosure is likely to undermine the full and frank discussion of issues between Ministers and officials, which in turn will undermine the quality of the decision making process, which would not be in the public interest.

​​​​​​​An exemption under section 30(b)(ii) of FOISA (free and frank exchange of views) applies to some of the information requested. This exemption applies because disclosure would, or would be likely to, inhibit substantially the free and frank 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. Disclosing the content of free and frank discussions on Glasgow Prestwick Airport's relationship with windfarm developers will substantially inhibit such discussions in the future, particularly because these discussions relate to a sensitive or controversial issue such as Glasgow Prestwick Airport's engagement with planning processes relating to windfarm developments

​​​​​​​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 Ministers and officials a private space within which to explore and refine the Government’s position on how Glasgow Prestwick Airport engages with planning processes in relation to windfarm developments. This private thinking space is essential to enable all options to be properly considered, so that good decisions can be taken. Disclosure is likely to undermine the full and frank discussion of issues between Ministers and officials, which in turn will undermine the quality of the decision making process, which would not be in the public interest.

​​​​​​​An exemption under section 33(1)(b) of FOISA (commercial interests) applies to some of the information requested. This exemption applies because disclosure of this particular information would, or would be likely to, prejudice substantially the commercial interests of Glasgow Prestwick Airport.

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 and transparent government, however, there is a greater public interest in protecting the commercial interests of Glasgow Prestwick Airport which is a public corporation but operates in the commercial marketplace.

​​​​​​​An exemption under section 38(1)(b) of FOISA (personal information) applies to some of the information requested because it is personal data of a third party, eg names and contact details of junior civil servants and stakeholders, 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.​​​​​​​​​​​​​​

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FOI 202500494468 - Information Released - Documents

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