Transport Scotland - Oban Harbour Revision Order (HRO) information: FOI release

Information requested

Documents in relation to the draft Oban Harbour Revision Order (HRO):

• All internal written communications within Transport Scotland;
• Notes of all meetings held within Transport Scotland; and
• Records of all internal telephone calls made within Transport Scotland.

Response

While our aim is to provide information whenever possible, under section 17(1) of FOISA, in this instance the Scottish Government does not have information you have requested under the second two bullet points. We do not have any notes of internal meetings, whether held online or in person, nor do we record internal telephone calls made within the Scottish Government.

A substantial proportion of the withheld information consists of communications between policy officials and our legal advisers, or material that would reveal the content of legal advice. This information is exempt from disclosure under section 36(1) of FOISA (confidentiality of communications), because it is subject to legal advice privilege. We recognise that there is a public interest in transparency, but in this case the public interest in maintaining the confidentiality of legal advice outweighs that in disclosure.

The remaining information consists of internal discussions and exchanges of views relating to the development of the draft HRO and advice provided to Ministers. Disclosure would prejudice the free and frank provision of advice and the free and frank exchange of views for the purposes of deliberation. This information is therefore exempt under section 30(b)(ii) of FOISA. After applying the public interest test, we consider that the public interest in allowing officials to provide full and candid advice and analysis outweighs the public interest in disclosure at this time.

The documents identified for release relate to internal purchase order (PO) requests. These requests are part of Transport Scotland’s standard internal financial and administrative processes. Preparing a purchase order request does not commit the Scottish Government to any expenditure and does not assume that an HRO will be made. In line with normal practice, PO requests are prepared in advance to ensure that, should an HRO be made, the necessary administrative arrangements are already in place. This avoids delays later in the process. However, no payments are made unless, and until, an HRO is formally made. The presence of these PO requests in the documents therefore reflects routine forward‑planning and not any presumption regarding the outcome of the HRO process.

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 202600506295 - Information released - Documents

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