Correspondence between Scottish Government and CalMac in relation to former Chief Executive’s severance payments: FOI release

Information requested

I would like to request a copy of all correspondence (a) between the Scottish Government and CalMac and (b) internally within the Scottish Government, in relation to severance payments given to the former Chief Executive of CalMac, Robbie Drummond.

Time period: April 2024 to 14 January 2026.

Information requested:

If this information could cover the period of April 2024 - Present day that would be greatly appreciated.

Response

I have considered your request under the Freedom of Information (Scotland) Act 2002 (FOISA) and have attached at Annex A some of the information you 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)(i)(ii) – free and frank provision of advice and exchange of views for the purposes of deliberation [in relation to communications with Scottish Ministers, Officials and 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)(i)(ii) of FOISA (free and frank provision of advice and exchange of views for the purposes of deliberation) have been applied to some information. This is because disclosure would be likely to substantially inhibit the free and frank exchange of views during ongoing deliberations, including communications with external stakeholders. This exemption recognises the need for Ministers and officials with a private space in which to discuss issues and options with external stakeholders before the Scottish Government reaches a settled and informed view.

In response to your request for details on the severance payment (including a breakdown of the total amount) made by CalMac Ferries Ltd to its former Chief Executive. I can confirm that the final sum paid by CalMac was £107,635. This total comprised the following elements:

• Payment in lieu of notice: £40,979
• Compensation for loss of office: £48,271
• Legal fees: £5,750
• Accrued holiday entitlement: £12,635.

This represents the full and final settlement paid to the former Chief Executive by CalMac Ferries Ltd.

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.

FOI 202600501540 - Information Released - Annex A

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