FOI/202200309689 · FOI · partially withheld
Purchase of the MV Nordic Sea by Orkney Islands Council: FOI release
Information requested
I would like all reports, information, correspondence and communications relating to the purchase of the mv Nordic Sea by Orkney Islands Council, for the years 2017, 2018, 2019, 2020, 2021 and 2022, that Transport Scotland holds.
Response
I attach a copy of most 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 of the following exemptions of FOISA which apply to some of the information you have requested. These exemptions are; under Section 30(b)(i) regarding provision of advice which is relevant because disclosure would, or would be likely to, inhibit substantially the free and frank provision of advice. This exemption recognises the need to have a private space within which to provide advice. An exemption under Section 38(1)(b) regarding third party data is applicable because the information is personal data of third parties and disclosing it would contravene data protection principles. These exemptions are 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 some public interest in release as part of an open, transparent and accountable government. However, this is outweighed by the public interest in ensuring that the Scottish Government is able to carry out this aspect of its business effectively. An exemption under Section 38(1)(c) regarding personal data relating to names of Scottish Government officials is also applicable. The response to your request can be found in the attached Annex A. About FOI
The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at http://www.gov.scot/foi-responses.
Detected exemption language
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 of the following exemptions of FOISA which apply to some of the information you have requested. These exemptions are; under Section 30(b)(i) regarding provision of advice which is relevant because disclosure would, or would be likely to, inhibit substantially the free and frank provision of advice. This exemption recognises the need to have a private space within which to provide advice. An exemption under Section 38(1)(b) regarding third party data is applicable because the information is personal data of third parties and disclosing it would contravene data protection principles. These exemptions are subject to the ‘public interest test’.