Documentation that was sent to Scottish Government Ministers by civil servants regarding Ferguson Marine: FOI release

Information requested

“All documentation, including briefings, analysis and advice sent to Scottish Government ministers by civil servants about Ferguson Marine in Q1 2026.”

Response

I enclose a copy of some documentation that was sent to Scottish Government Ministers by civil servants regarding Ferguson Marine.

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 exemptions under sections 30(c) (Substantial Prejudice to Effective Conduct of Public Affairs), s.38(1)(b) (personal information), s.30(b)(ii) (Free and Frank Exchange of Views) and s.33(1)(b) (Commercial Interests) of FOISA applies to that information. The reasons why those exemptions apply are explained in the Annex to this letter.

Under section 25(1) of FOISA we do not have to provide information which is already reasonably accessible to you. If, however you do not have internet access to obtain this information from the websites listed, then please contact me again and I will send you a paper copy. I have detailed below where you can find the information for this request:

Correspondence Topic	Link
Parliamentary Question	Written question and answer: S6O-05356 | Scottish Parliament Website
Appointment of Chair for Ferguson Marine	New Chair of Board at Ferguson Marine Port Glasgow - gov.scot
Topical Question	Written question and answer: S6T-02875 | Scottish Parliament Website
Deputy First Minister's letter to NZET Committee regarding MV Glen Rosa	Response to 17 December letter on FMPG the MV Glen Rosa| Scottish Parliament Website
Deputy First Minister's letter to NZET Committee regarding Ferguson Marine's December 2025 quarterly update	MV Glen Rosa December 2025 Quarterly Update | Scottish Parliament Website

Annex A
Section 38(1)(b) – Personal data relating to third party
An exemption under section 38(1)(b) of FOISA (personal information) applies to some of the information requested because it is personal data of a third party, i.e. emails that contain names and contact details of individuals within the Scottish Government 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.

Section 33(1)(b) – Commercial interests
An exemption under section 33(1)(b) of FOISA (commercial interests) applies to some of the information requested. This exemption applies because disclosure of this information would, or would be likely to, prejudice substantially the commercial interests of Ferguson Marine. Disclosing this information would be likely to give FMPG’s competitors an advantage in securing future contracts, which would substantially prejudice Ferguson Marine’s ability to submit a competitive tender and so could harm its commercial business.

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. However, we find that the public interest is more strongly supported by not substantially prejudicing the commercial interests of Ferguson Marine.

Section 30(c) – Otherwise prejudice effective conduct of public affairs
An exemption under section 30(c) of FOISA applies to some of the information requested. Disclosing this information would substantially prejudice our ability to conduct a future public appointment due to the process being in the public domain to which other governments or businesses could use to their advantage. This would constitute substantial prejudice to the effective conduct of public affairs in terms of the exemption.

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. However, there is a greater public interest in protecting the process of public appointments and ensuring that the Scottish Government is able conduct this aspect of its business effectively.

Section 30(b)(ii) – Free and frank exchange of views
An exemption under section 30(b)(ii) of FOISA applies to some of the information requested. This exemption applies because disclosure would, or would be likely to, inhibit substantially the free and frank exchange of views for the purposes of deliberation. This exemption recognises the need for Ministers and officials to have a private space within which to discuss and explore options before the Scottish Government reaches a settled public view. Disclosing the content of free and frank discussions on decisions relating to Ferguson Marine will substantially inhibit such discussions in the future, particularly because areas of work are still ongoing and these discussions relate to sensitive aspects i.e. the future of the yard.

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 explore and refine the Government’s position on Ferguson Marine, until the Government as a whole can adopt a governance process that is sound and likely to be effective. This private thinking space is essential to enable all options to be properly considered, so that good policy decisions can be taken. Premature disclosure is likely to undermine the full and frank discussion of issues between Ministers and officials, which in turn will undermine the quality of the decision making process, which would not be in the public interest.

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 - 202600506932 - Information Released - Annex

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