Departure of CalMac Ferries Ltd.chief executive: FOI release

Information requested

I am seeking recorded information held by the Scottish Government relating to the departure of CalMac chief executive Robbie Drummond and the severance or settlement arrangements associated with his exit.

Time period: 1 January 2024 to 30 June 2025.
Information requested
Please provide copies of any recorded information held by the Scottish Government, including but not limited to emails, correspondence, submissions, briefings, ministerial notes, internal advice, or meeting records, that:

1. Refer to or record the departure of Robbie Drummond from CalMac Ferries Ltd.
2. Refer to, discuss, or record any severance, settlement agreement, exit payment, compensation, or pay in lieu of notice connected with his departure.
3. Record ministerial awareness of, or views on, the severance or settlement arrangements, whether contractual or non-contractual.
4. Refer to consideration of the Scottish Public Finance Manual in relation to the severance arrangements, including any reference to the £95,000 cap on settlement agreements.
5. Record whether ministerial views or approval were sought or obtained, including any assessment of whether the case was complex, contentious, or high-profile.

If information is withheld, please specify the exemption(s) relied upon and provide the remainder.
If no information is held, please confirm this and explain what searches were carried out.
If no information is held within scope, please confirm this and explain:

• what searches were carried out; and
• why no recorded information exists.

If the scope risks exceeding the cost limit, I would welcome advice on how the request could be refined while still capturing relevant information.

Response

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 all of the information due to exemptions being applied under sections 38(1)(b) (personal information), 36(1) (confidentiality) and 30(b)(ii) – free and frank exchange of views for the purposes of deliberation [in relation to communications with external stakeholders] of FOISA. Please note that additional redactions have been made for content outside the scope of your request.

Exemptions under section 38(1)(b) of FOISA (personal information) have been applied where information relates to personal data of a third party, i.e names, contact information or information relating to personal circumstances, 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.

Exemptions under section 36(1) of FOISA (confidentiality in legal proceedings) have been applied where the information requested is legal advice and disclosure would breach legal professional privilege. 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 some public interest in release as part of open and transparent government, and to inform public debate. However, this is outweighed by the strong public interest in maintaining the right to confidentiality of communications between legal advisers and clients, to ensure that Ministers and officials are able to consider legal advice in confidence, like any other public or private organisation.

Exemptions under section 30(b)(ii) of FOISA (free and frank exchange of views for the purposes of deliberation) have been applied to some information. This is because disclosure would substantially inhibit the free and frank exchange of views during ongoing deliberations and recognises the need for Ministers and officials with a private space in which to discuss issues and options before the Scottish Government reaches a settled and informed view. Similarly, Ministers and officials also need a private space within which they can discuss issues and options with external stakeholders before reaching a settled and informed view.

This exemption is subject to the ‘public interest test’ and 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 public interest in release as part of open and transparent 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 senior positions within public bodies and the opportunity to communicate with appropriate external stakeholders as part of that process.

Further to the information within Annex A, I would also refer you to information published as part of the following EIR response on 14 June 2024 - (EIR/202400412376). Specifically, please refer to Annex C of this case for information that is also in scope of parts of your request.

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.