Transport Scotland correspondence regarding additional major vessels for Clyde and Hebrides Ferry Services: EIR release

Information requested

I would like to be provided with copies of all key documents relating the recent decision to procure 2 new vessels as replacement for the Hebrides on Little Minch services to/from Uig.

Any studies, files, calculations, reports, assessments etc - anything materially pertaining to the project.

This should include emails if they contain substantive instructions, reports, requests, calculations, studies, assessments or anything materially pertaining to the project.

In particular, I am seeking documents relating to the decision to add a second vessel to the service.

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.

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 exemptions under sections 10(4)(e) internal communications and 11(2) personal information of EIR applies to that information. A copy of the information has been sent to you under separate cover due to the size of the document.

An exception under regulation 10(4)(e), Internal communications applies to some of the information requested because it is internal email exchanges. 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 exception. We recognise that there is a public interest in disclosing information as part of an 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 communicate the process of exploring and refining the Government’s position. This private space is essential to enable all options to be properly considered, so that decisions can be taken based on fully informed advice and evidence. Disclosure is likely to undermine the full and frank discussion of issues, which in turn will undermine the quality of the decision making process, which would not be in the public interest.

An exception under regulation 11(2) of the EIRs (personal information) applies to some of the information you have requested because it is the personal data of a third party. While our aim is to provide information whenever possible, in this instance a small amount of information has been redacted from the report. This exception applies because disclosing it would contravene the data protection principles in Article 5(1) of the General Data Protection Regulation and section 34(1) of the Data Protection Act 2018. This exception 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 exception.

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 202600521694 - Information released - Annex

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