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FOI/202100230806 · FOI · partially withheld

Minister for Transport engagement: FOI release

Published
2021-10-18
Received
2021-08-13
Responded
2021-08-30
Directorate
Topic
Public sector, Transport
Exemptions
38(1), 30, 33

Information requested

1. Since Graeme Dey MSP’s appointment as Minister of Transport: a. How many meetings has the Minister held with: i. Caledonian Maritime Assets Limited ii. CalMac Ferries Ltd iii. David Macbrayne Ltd iv. Ferguson Marine (Port Glasgow) Ltd v. Tim Hair, Turnaround Director, Ferguson Marine (Port Glasgow) Ltd vi. Trade Union Shop Stewards at the Ferguson Marine Shipyard vii. Transport Scotland viii. Scottish Islands Federation ix. Community/Ferry User Groups, such as Arran Ferry Action Group and Calmac Community Board etc. b. On what date have the meetings taken place? c. What were the locations for each meeting (please specify if they were in-person or virtual)? d. What was the agenda for each meeting? e. What was discussed in each meeting? f. What actions were agreed at the conclusion of each meeting? g. Were minutes taken at each meeting? If so, can these be made available? You further clarified this by: ‘To clarify, question 1(vii) is in relation to Transport Scotland meetings concerning ferries.’

Response

The information you have requested covering the period since Mr Dey’s appointment to the 13th August, the date of your request, can be found summarised in Annex A and where possible, supporting documentation provided in Annex B. While our aim is to provide information whenever possible, in this instance we are unable to provide some of the supporting information requested. This could be because papers (minutes/ notes from meetings) have not yet been collated or written up or because the following exemptions under FOISA apply:

Section 38(1)(b) information relating to personal data (UK GDPR), data relating to names of Scottish Government officials and others have been redacted. This exemption applies because the information is personal data of third parties and disclosing it would contravene data protection principles. Sections 30(b)(i)(ii) relates to Ministerial communications i.e. substantial inhibition of free and frank provision of advice and exchange of views, where this would impact on the process of deliberation. This exemption recognises the need to have a private space within which to provide advice. Section 33(i)(b) relates to commercial interests, where disclosure would be likely to prejudice substantially the commercial interests of the organisation(s) concerned.

Public Interest Test 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 exemptions. We have found that, on balance, the public interest lies in favour of upholding the exemptions. We recognise that there is a public interest in disclosing information as part of open, transparent and accountable government. However, there is a greater public interest in protecting the discussion and commercial process of providing additional tonnage for ferry services and ensuring that the Scottish Government is able to conduct this aspect of its business effectively. 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

This could be because papers (minutes/ notes from meetings) have not yet been collated or written up or because the following exemptions under FOISA apply: Section 38(1)(b) information relating to personal data (UK GDPR), data relating to names of Scottish Government officials and others have been redacted. This exemption applies because the information is personal data of third parties and disclosing it would contravene data protection principles. This exemption recognises the need to have a private space within which to provide advice. Section 33(i)(b) relates to commercial interests, where disclosure would be likely to prejudice substantially the commercial interests of the organisation(s) concerned. Public Interest Test These exemptions are subject to the ‘public interest test’.

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