FOI/202100228098 · FOI · partially withheld
Signed agreements with Caledonian Maritime Assets and Calmac Ferries: FOI release
Information requested
A copy of the signed agreement(s) between Scottish Government (or Transport Scotland) and consultant(s) for the review of the tripartite agreement between Transport Scotland, CMAL and Calmac Ferries. If not included within the contract, please supply the contract value and the scope of the work, including any limitations.
Response
While our aim is to provide information whenever possible, in this instance we are unable to provide a copy of the signed agreement between Transport Scotland and Ernst & Young LLP, the Management consultants carrying out the review because of an exemption under section 33(1)(b) - Substantial prejudice to commercial interests. 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 some public interest in release because there is a requirement for the Government to be transparent in all its dealings and procurements with other organisations. However, this is outweighed by the public interest that disclosure could prejudice other future public procurements, could disadvantage this organisation in another future procurement and could negatively impact on the ongoing contract. We can however provide a copy of the statement of requirements document provided to all interested bidders which outlines the original scope of the review. 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
Response While our aim is to provide information whenever possible, in this instance we are unable to provide a copy of the signed agreement between Transport Scotland and Ernst & Young LLP, the Management consultants carrying out the review because of an exemption under section 33(1)(b) - Substantial prejudice to commercial interests. 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.