Prestwick Airport documentation: FOI release
Information request and response under the Freedom of Information (Scotland) Act 2002.
Information requested
All documentation, including briefings, analysis and advice sent to Scottish Government Ministers by Civil Servants about Prestwick Airport, in 2025.
Response
I enclose a copy of some of the information you requested.
While our aim is to provide information whenever possible, in this instance we are unable to provide some the information you have requested because exemptions under sections 30(b)(i) (free and frank provision of advice), 30(c) (substantial prejudice to the conduct of public affairs), 33(1)(b) (commercial interests), 36(1) (legal advice) and section 38(1)(b) (third party personal data) of FOISA apply to that information. The reasons why 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 you have 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 and other officials on the Scottish Government's ownership of Glasgow Prestwick Airport. Disclosing the content of free and frank advice on the procurement of advisors to assist with strategic decisions concerning Glasgow Prestwick Airport will substantially inhibit the provision of such advice in the future, particularly because it is vital that any decision to appoint advisors is taken on the basis of delivering best value to taxpayers.
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 because Glasgow Prestwick Airport is owned by the public sector. However, this is outweighed by the public interest in
enquiring that officials and ministers can frankly discuss a range of issues of relevance to the airport and its continued status as public body.
An exemption under section 30(c) of FOISA (prejudice to the effective conduct of public affairs) applies to some of the information you have requested.
It is essential for ministers and officials to be able to communicate often in confidence, with external stakeholders on a range of issues, including regulatory matters pertaining to the possible sale of Glasgow Prestwick Airport. Disclosing the content of these communications, particularly without the consent of stakeholders, is likely to undermine their trust in the Scottish Government and will substantially inhibit communications on this type of issue in the future. These stakeholders will be reluctant to provide their views fully and frankly if they believe that their views are likely to be made public, particularly while these discussions relate to a sensitive or controversial issue such as the ownership of and operations at 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, 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 communicate with appropriate external stakeholders as part of the process of exploring and refining the Government’s position on the ownership of Glasgow Prestwick Airport. This private space is essential to enable all options to be properly considered, so that good decisions can be taken based on fully informed advice and evidence.
Premature disclosure is likely to undermine the full and frank discussion of issues between the Scottish Government and these stakeholders, 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 you have requested. Disclosing this information would result in third parties gaining an understanding of commercially confidential discussions concerning Scottish Ministers' views on the value of Glasgow Prestwick Airport as a Government-owned commercial asset.
This exemption applies because disclosure of this particular information would, or would be likely to, prejudice substantially the commercial interests of Glasgow Prestwick Airport. Information included within the documents contains commercially sensitive detail that could be harmful to Glasgow Prestwick Airport's business performance if disclosed. In turn, this could impair the value of the airport as a publicly-owned asset.
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 because of the outcome of a recent sale process. However, this is outweighed by the public interest in safeguarding Glasgow Prestwick Airport's commercial data.
An exemption under section 36(1) of FOISA (legal advice) applies to some of the information you have requested because 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 receive legal advice in confidence, like any other public or private organisation.
An exemption under section 38(1)(b) of FOISA (personal information) applies to some of the information you have requested, because it is personal data of a third party, ie names and contact details of junior civil servants and external 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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Contact
Please quote the FOI reference
Central Correspondence Unit
Email: contactus@gov.scot
Phone: 0300 244 4000
The Scottish Government
St Andrew's House
Regent Road
Edinburgh
EH1 3DG