Ardrossan Harbour details: EIR release
Information request and response under the Environmental Information (Scotland) Regulations 2004.
Information requested
You asked for the following information in relation to the acquisition of Ardrossan harbour from Peel Ports:
1. All documents relating to the Accountable Officer’s consideration of value for money in respect of the project, including any assessments, briefings or internal analysis.
2. All correspondence, briefings and submissions relating to the request for written authority to proceed with the project, including communications between Transport Scotland officials and Scottish
Ministers.
3. Any documents setting out the risks and uncertainties referenced in the statement that “the Value for Money standard has not been fully met”.
4. Any ministerial direction, written authority, or equivalent documentation approving the project despite value-for-money concerns.
To assist with processing, this request can be limited to the period from 1 January 2023 to present.
Response
As the information you have requested is ‘environmental information’ for the purposes of the Environmental Information (Scotland) Regulations 2004 (EIRs), we are required to deal with your request under those Regulations. We are applying the exemption at section 39(2) of the Freedom of Information (Scotland) Act 2002 (FOISA), so that we do not also have to deal with your request under FOISA.
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, because there is no public interest in dealing with the same request under two different regimes. This is essentially a technical point and has no material effect on the outcome of your request.
1. I enclose a copy of the Accountable Officer Assessment, Ministerial Submission and email confirmation from Ministers approving Written Authority. 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 exception(s) under regulation(s) 10(5)(e) - Confidentiality of commercial or industrial information, Regulation 10(4)(e) - Internal Communications, Regulation 10(4)(d) - Material in the course of completion of the EIRs applies to that information. The reasons why that exception(s) applies are explained in the Annex to this letter.
2. Some of the information you have requested is available from the Transport Scotland website (Ardrossan Harbour – Written authority update | Transport Scotland). Under regulation 6(1)(b) of the EIRs, we do not have to give you information which is already publicly available and easily accessible to you in another form or format. If, however, you do not have internet access to obtain this information from the website(s) listed, then please contact me again and I will send you a paper copy.
Annexes to the Standard Response- Reasons for not providing information
An exception applies
An exception under regulation 10(5)(e) - Confidentiality of commercial or industrial information, of the EIRs applies to some of the information you have requested. Regulation 10(5)(e) of the Environmental Information (Scotland) Regulations 2004 (the EIRs) allows a Scottish public authority to withhold information to the extent that its disclosure would adversely affect the confidentiality of commercial or industrial information where such confidentiality is provided by law to protect a legitimate economic interest. In this case, it regards commercially sensitive information about a private business.
This exception 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 exception. We have found that, on balance, the public interest lies in favour of upholding the exception. We recognise that there is some public interest in release as part of open, transparent and accountable government. However, this is outweighed by the public interest in maintaining the right to restrict commercially sensitive information.
An exception under regulation 10(4)(e) - Internal Communications, of the EIRs applies to some of the information you have requested. Regulation 10(4)(e) of the Environmental Information (Scotland) Regulations 2004 (the EIRs) allows a Scottish public authority to withhold internal communications if release could harm internal governmental processes.
This exception 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 exception. We have found that, on balance, the public interest lies in favour of upholding the exception. We recognise that there is some public interest in release as part of open, transparent and accountable government. However, this is outweighed by the public interest in ensuring internal processes can proceed without prejudice.
An exception under regulation 10(4)(d) - Material in the course of completion, of the EIRs applies to some of the information you have requested. This exception applies because to release the information at this stage would not demonstrate a conclusive policy outcome.
This exception 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 exception. We have found that, on balance, the public interest lies in favour of upholding the exception. We recognise that there is some public interest in release as part of open, transparent and accountable government. However, this is outweighed by the strong public interest in maintaining the right to reach a conclusive policy outcome which is still on-going before the full detail included in official documents are released.
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.
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