Independent advice relating to the considered sale of Prestwick Airport: FOI release

Information requested

1. During Topical Question Time on January 11, 2022, the Cabinet Secretary for Finance referred to "independent advice" relating to the considered sale of Prestwick Airport: "I can be clear, as I have already said, that the commercial bids that were received were, on the basis of independent advice, considered not to be adequate right now to secure value for the taxpayer."

Please provide this independent advice alongside any internal or external correspondence covering discussion of this advice, alongside handouts, meeting minutes and notes where this independent advice was considered.

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 exemptions under sections 30(b)(i) – Substantial inhibition to free and frank provision of advice; 33(1)(b) – Substantial prejudice to commercial interests; and 38(1)(b) – Personal information of FOISA applies to that information. The reasons why these exemptions apply are explained below. Information out with scope has also been redacted.

An exemption under section 38(1)(b) of FOISA (personal information) applies to some of the information requested because it is personal data of individuals, and disclosing this would contravene the data protection principles on Schedule 1 of the Data Protection Act 1998. 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.

An exemption under section 33(1)(b) of FOISA (Substantial prejudice to commercial interests) applies to some of the information requested. Given the highly commercial nature of a potential sale of Glasgow Prestwick Airport, much of the information considered is commercially sensitive. 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 on the advice provided on the potential sale of Glasgow Prestwick Airport, however publishing commercial information could not only put Prestwick Airport at a competitive disadvantage, but could also impact on potential future processes to return the business to the private sector.

An exemption under section 30(b)(i) of FOISA (Substantial inhibition to free and frank provision of advice) applies to some of the information requested. This exemption applies because disclosure would, or would be likely to, inhibit the exchange of free and frank views when preparing advice. This exemption recognises the need for private space within which to discuss matters in respect of a potential sale of Prestwick Airport. 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. Disclosing the content of free and frank exchanges could impact on future advice if such exchanges are to be made public. There is a greater public interest in allowing a private space within which such advice and views can be exchanged.

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FOI - 202200272705 - Information release

File type

85 page PDF

File size

5.4 MB