Documentation regarding the MV Bella-1: FOI release

Information requested

You asked for all documentation held by the Scottish Government, including minutes/notes from meetings, correspondence sent and received (including internal), briefings, analysis, advice, speaking notes, about the MV Bella-1, in 2026.

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 of the information you have requested because an exemption(s) under section(s) 25 (1) :

Information otherwise accessible, 28(1): Relations within the United Kingdom, Section 29(1):

Formulation of Scottish Administration policy, Section 30: Prejudice to effective conduct of public affairs, Section 32 (1)(a): International relations (UK & other State(s), int org/court, UK interests abroad), Section 32 (1)(b):

International relations (confidential info from other State(s), int org/court), Section 36

(1): Confidentiality (claim to confidentiality of communications could be maintained in legal proceedings), Section 36 (2): Confidentiality (disclosing it would constitute an actionable breach of confidence), Section 37(1)(a)(i): Court records (document lodged with a court for the purposes of court proceedings), Section 38(1)(b): Personal information of a third party.

Some of the information you have requested is available from First Minister’s Statement: Update on the MV Bella-1 | Scottish Parliament TV . Under section 25(1) of FOISA, we do not have to give you information which is already reasonably accessible to you. If, however, you do not have internet access to obtain this information from the website listed, then please contact me again and I will send you a paper copy.

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 as the information you have requested is widely accessible via the Scottish Parliament website.

An exemption under section 28(1): Relations within the United Kingdom applies to some of the information you have requested. This applies to information contained in email chains exchanged between Scottish Government and UK government officials. It applies so as to protect the private space for officials to share free and frank views and to maintain the good relationship between the administrations in the United Kingdom.

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 interest in disclosing information as part of an open and transparent government. However, this is outweighed by the public interest in maintaining relations between the different administrations within the UK.

An exemption under section 29(1): Formulation of Scottish Administration policy applies to some of the information you have requested. This applies to information contained in email chains and briefings between officials and between officials and Ministers. It applies so as to protect the formulation of ministerial and official advice, the formulation of policy lines, the provision of advice by any of the Law Officers and the operation of Ministerial Private Offices.

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 interest in disclosing information as part of an open and transparent government. However, this is outweighed by the public interest in protecting the formulation of ministerial and official advice, the formulation of policy lines, the provision of advice by any of the Law Officers and the operation of Ministerial Private Offices.

An exemption under section 30: Prejudice to effective conduct of public affairs applies to some of the information you have requested. This applies to information on views exchanged between officials to provide views in the process of formulating advice to ministers or other officials. It applies so as to protect the private space for officials and ministers to share free and frank views as part of the policy making and the policy reporting process.

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 interest in disclosing information as part of an open and transparent government. However, this is outweighed by the public interest in allowing a private space within which officials and Ministers can provide free and frank views to one another.

An exemption under section 32 (1)(a): International relations applies to some of the information you have requested. This applies to information contained in email chains, briefings and advice exchanged between officials and between officials and Ministers. It applies so as to protect the UK and its relations with the states it engages with.

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 interest in disclosing information as part of an open and transparent government. However, this is outweighed by the public interest in the UK maintaining relations with the states it engages with. It is highly likely that releasing such information would result in substantial prejudice to the UK-USA relationship.

An exemption under section 32 (1)(b): International relations applies to some of the information you have requested. This applies to information contained in email chains, briefings and advice exchanged between officials and between officials and Ministers. It applies so as to protect information obtained by states and foreign entities the UK engages with and to protect the UK relations with the states it engages with.

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 interest in disclosing information as part of an open and transparent government. However, this is outweighed by the public interest in the UK maintaining relations with the states it engages with. It is highly likely that releasing such information would result in substantial prejudice to the UK-USA relationship.

An exemption under section 36 (1): Confidentiality applies to some of the information you have requested. This applies to information contained in email chains, briefings and advice exchanged between officials and between officials and Ministers. It applies so as to protect the confidentiality of communications that could be maintained in legal proceedings.

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 interest in disclosing information as part of an open and transparent government. However, this is outweighed by the public interest in protecting the confidentiality of communications that could be maintained in legal proceedings.

An exemption under section 36 (2): Confidentiality applies to some of the information you have requested. This applies to information contained in email chains, briefings and advice exchanged between officials and between officials and Ministers. It applies so as to protect the confidentiality of information that was obtained by a Scottish public authority and disclosing it would constitute an actionable breach of confidence.

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.

An exemption under section 37(1)(a)(i): Court records applies to some of the information you have requested. This applies to a document lodged with a court for the purposes of court proceedings.

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.

An exemption under section s.38(1)(b) of FOISA applies to some of the information you have requested. This applies to personal information of officials in the Scottish Government, UK Government and members of the public.

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 202600503837 - Information Released - Annex A

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