Transport Scotland - ScotZEB3 funding information: EIR release

Information requested

• A complete record of the scoring used in evaluation of the different bids for funding, as well as any additional commentary or justification for the scoring on record.
• A full record of any ministerial engagement relevant to the design of the ScotZEB3 evaluation criteria.
• A full record of any ministerial engagement relevant to the adjudication of bids to ScotZEB3.

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 exceptions under regulations: 10(4)(e) – internal communications; 10(5)(e) – confidentiality of commercial or industrial information; 10(5)(f) – interests of the person who provided the information; 12(5)(b) – course of justice/legal professional privilege and 11(2) – personal data of the EIRs applies to that information. The reasons why that exception(s) applies are explained in the Annex to this letter.

Annex

Exceptions apply

Regulation 10(4)(e) (Internal communications)

This exception applies because the information consists of internal communications created to support the assessment, moderation and decision‑making processes for the ScotZEB3 funding competition. This includes assessor scorecards, moderation panel discussions, internal guidance, ministerial advice, and risk and handling considerations. These records contain candid evaluative judgements, professional opinions, and advice exchanged between officials and Ministers as part of an ongoing and repeatable funding scheme. Disclosure would be likely to inhibit the free and frank exchange of views required to support robust, impartial decision‑making in future funding rounds.

This exception is subject to the public interest test. We recognise that there is a public interest in disclosure, particularly to promote transparency and accountability in the allocation of public funds and to support public confidence in environmental and decarbonisation programmes. However, this is outweighed by the public interest in maintaining a protected space for internal discussion and advice, ensuring that officials and Ministers can consider options, risks and judgements openly and candidly, and safeguarding the integrity and effectiveness of competitive funding processes. On balance, the public interest lies in favour of upholding the exception.

Regulation 10(5)(e) (Confidentiality of commercial or industrial information)

This exception applies because the information includes commercially sensitive details submitted by applicants or generated through the assessment of competitive bids. This includes vehicle pricing, infrastructure and financing costs, subsidy calculations, comparative scoring outcomes, and detailed financial assessments. Such information is not publicly available and was provided in confidence as part of a competitive funding process. Disclosure would be likely to prejudice the commercial interests of applicants and could undermine fair competition in future funding rounds.

This exception is subject to the public interest test. We recognise that there is a public interest in disclosure to enable scrutiny of value for money and the use of public funds. However, this is outweighed by the public interest in protecting commercially sensitive information, maintaining fair competition, and ensuring that organisations are willing to engage openly and candidly in public sector funding schemes without disproportionate commercial risk. On balance, the public interest lies in favour of upholding the exception.

Regulation 10(5)(f) (Interests of the person who provided the information)

This exception applies because the information relates to the legitimate interests of third‑party applicants and suppliers who provided commercially and operationally sensitive information as part of their ScotZEB3 bids. Disclosure would be likely to prejudice those interests by revealing detailed assessments of performance, relative merit, or financial and delivery assumptions, which could harm reputations or competitive positioning in future funding or procurement activities.

This exception is subject to the public interest test. We recognise that there is some public interest in understanding how funding decisions were made. However, this is outweighed by the public interest in protecting third‑party interests, ensuring confidence in public sector funding competitions, and avoiding discouraging participation by exposing sensitive bid information. The public interest therefore favours upholding the exception.

Regulation 12(5)(b) (Course of justice / legal professional privilege)

This exception applies because the information includes confidential legal advice and legally privileged analysis obtained from solicitors and Counsel for the purpose of advising Ministers and officials on matters including lawfulness, subsidy control compliance and litigation risk. Disclosure would undermine legal professional privilege and prejudice the Scottish Government’s ability to seek and receive candid legal advice and to protect its legal position in relation to potential challenge.

This exception is subject to the public interest test. While we recognise that there is a public interest in transparency around major funding decisions, there is a strong and well‑established public interest in maintaining the confidentiality of legal advice. On balance, the public interest lies in favour of upholding the exception.

Regulation 11(2) (Personal data)

This exception applies because the information includes personal data relating to identifiable individuals, primarily officials below the Senior Civil Service, including names and contact details. Disclosure would be unfair and would contravene the data protection principles. Regulation 11(2) is an absolute exception and is not subject to the public interest test. The information has therefore been withheld.

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.

EIR 202600514020 - Information released - Documents

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