CalMac Chief Executive’s settlement and severance arrangements: FOI release

Information requested

The following information:

Freedom of Information (Scotland) Act 2002 request

Please provide any information held by the Scottish Government, including Transport Scotland and relevant directorates, relating to the former CalMac Chief Executive’s settlement and severance arrangements, as referenced in Topical Question S6T 02834 on 13 January 2026.

Time period: 1 March 2024 and 31 January 2026
Information requested:

Please search for any information created or received concerning correspondence between the Scottish Government, Transport Scotland and CalMac on:

• The settlement/severance/compensation for loss of office, including proposed figures, calculations and approvals.
• Whether ministerial approval was required, sought, discussed or not sought, including reference to SPFM thresholds.
• The “business case” (and any drafts) for the settlement, including any associated advice, assessments, or approvals.
• The letter/email from the then head of the ferries division to CalMac stating that a new business case would be required if the settlement exceeded £95,000.
• Correspondence to the CalMac CEO and Chair reminding them of SPFM compliance, including any responses.
• Briefings, submissions and lines to take prepared for ministers/officials in relation to S6T‑02834, including any materials prepared in response to media reports of a figure above £170,000.

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 redaction's 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 whether the public interest in disclosure outweighs the public interest in maintaining the exemption and, while we recognise the public interest in transparency and informing public debate, on balance we consider that the public interest in protecting 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, outweighs the public interest in disclosure.

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 to have a private space in which to discuss issues and options before a settled position is reached. These exemptions are subject to the public interest test. Therefore, taking account of all the circumstances of this case, we have considered whether the public interest in disclosure outweighs the public interest in maintaining the exemptions and, while we recognise the public interest in transparency and informing public debate, on balance we consider that the public interest in protecting a private space for Ministers, officials and external stakeholders to provide candid advice and exchange views during live deliberations outweighs the public interest in disclosure.

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 202600508980 - Information Released - Annex A

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