Proposed sites for a new munitions factory correspondence: FOI release

Information requested

1) Please share all correspondence you have had with the UK Government, Scottish local authorities, the Ministry of Defence, Foreign Office and Scottish Enterprise (and its international arm Scottish Development International) regarding the proposed sites for a new munitions factory in Ayrshire, Stirlingshire or Dumfriesshire. Please provide this information from the dates November 1st 2025 to date of receipt.

2) Please share all correspondence received from members of the public, MSPs, MPs, NGOs and activist groups about these projects in the aforementioned timeframe.

Response

I enclose a copy of some of the information you requested in the format you asked for.

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(s) under section(s):

• Section 28(1): relations within the UK
• Section 30(c): prejudice to effective conduct of public affairs
• Section 33(1)(b): commercial interests
• Section 38(1)(b): personal information

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

An exemption(s) under section(s):

S28(1)(c) Relations within the UK

An exemption under s28(1)(c) Relations within the UK, of FOISA applies to some of the information you have requested. Information is exempt if its disclosure under this Act would, or would be likely to, prejudice substantially relations between any administration in the United Kingdom and any other such administration. 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 that is shared between the different Government administrations within the UK.

However, there is a greater public interest in allowing a private space within which officials from different Government administrations can openly communicate about issues that affect both Devolved and UK Governments. It is clearly in the public interest that good relations are maintained so that Ministers across the various Government administrations can properly negotiate and make decisions for the benefit of the people and the economy. Disclosure of this type of information could lead to an erosion of Government relations across the UK, which would not be in the public interest.

S30(c) Prejudice to 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 can contemplate sensitive issues and have 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. 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 contemplate sensitive issues and the ability to give and receive comprehensive and frank advice and views in the future, which would not be in the public interest.

S33(1)(b) Commercial interests and the economy

An exemption under section 33(1)(b) Commercial interests and the economy, applies to some of the information you have requested under FOISA. Information is exempt if its disclosure under this Act would, or would be likely to, prejudice substantially the commercial interests of any person (including, without prejudice to that generality, a Scottish public authority). 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 discussions around how policy decision making impacts business and industry, however there is a greater public interest in protecting the integrity of commercial business plans and operating models, ensuring no competitive disadvantage, or detriment to future negotiations or business relationships.

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 202500494670 - Information released - Annex

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