Cabin quotas for Shetland islanders on NorthLink Ferries: FOI release

Information requested

Could you supply all documentation held by Transport Scotland, including correspondence sent and received (including internal), minutes/notes from meetings, briefings, analysis, about plans for a local quota of cabins being set aside for Shetland islanders on NorthLink ferries at peak times, since August 14 2025? - https://www.shetnews.co.uk/2025/08/14/snp-candidate-proposes-local-cabin/ 

Response

I enclose a copy of most of the information you requested, relating to cabin quotas for Shetland islanders on NorthLink Ferries. Some information has been redacted as it covers other matters or to omit the names of individuals. Some information has been redacted under the below exemptions:

Section 29(1)(a) – formulation or development of government policy:

An exemption under section 29(1)(a) of FOISA (formulation or development of government policy) applies to some of the information requested because it relates to the development of the Scottish Government’s policy on islander cabin quotas. 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 high quality policy and decision-making, and in the properly considered implementation and development of policies and decisions. This means that Ministers and officials need to be able to consider all available options and to debate those rigorously, to fully understand their possible implications. Their candour in doing so will be affected by their assessment of whether the discussions on islander cabin quotas will be disclosed in the near future, when it may undermine or constrain the Government’s view on that policy while it is still under discussion and development.

Section 30(b) – free and frank provision of advice or exchange of views:

An exemption under section 30(b) of FOISA (free and frank provision of advice or 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 provision of advice or exchange of views. This exemption recognises the need for Ministers and officials to have a private space within which to provide free and frank advice and discuss issues and options with external stakeholders before the Scottish Government reaches a settled public view. Disclosing the content of these discussions will substantially inhibit such discussions in the future, particularly because these discussions are still ongoing and decisions have not been taken and these stakeholders will be reluctant to provide their views fully and frankly if they believe that those views are likely to be made public.

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 these issues can be discussed, as part of the process of exploring and refining the Government’s policy position on islander cabin quotas, until the Government as a whole can adopt a policy that is sound and likely to be effective. This private thinking space is essential to enable all options to be properly considered, based on the best available advice, so that good policy decisions can be taken. Premature disclosure is likely to undermine the full and frank discussion of issues between stakeholders, which in turn will undermine the quality of the policy making process, which would not be in the public interest. There is also an important public interest in avoiding the loss of stakeholder confidence in cases where they thought they were providing comments in confidence, which would be inevitable if an individual’s contribution was released against their wishes.

Section 33(1)(b) – commercial interests:

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 potential bidders for the next Northern Isles Ferry Services contract. Disclosing this information could provide a potential bidder with an advantage, which would substantially impact the tendering exercise. 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, and to help account for the expenditure of public money. However, there is a greater public interest in protecting the commercial interests of companies which may tender for the next Northern Isles Ferry Services contract, to ensure that we are always able to obtain the best value for public money.

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FOI 202500497720 - Information released - Annex A

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Excel document

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80.5 kB

FOI 202500497720 - Information released - Annex B

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1.1 MB