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· FOI · partially withheld

Clyde and Hebrides ferry services contract variations: FOI release

Published
2017-08-24
Received
Responded
Directorate
Topic
Public sector, Transport
Exemptions
33(1)

Information requested

A list as well as the business cases for the variations to the CHFS PSO contract with CalMac.

Response

(a) Contract Variation List

Clyde and Hebrides Ferry Service (CHFS) Contract Variations

Contract Variation (CV) Number Title of Contract Variation CV01/CY01 Continuation of Timetable from 1 October 2016 CY01/CV01/2016/17 Summer and Winter 2016/17 Timetables CY01/CV02/2016/17 Fleet investment Update to Vessel Enhancement Programme CY01/CV02a/2016/17 CalMac Pension Fund Employer's Contribution Increase CY01/CV2a/2016/17 MV Catriona New Vessel Base Case CY01/CV3/2016/217 Booking & Reservation Ticketing System Project Costs October – December 2016 CY01/CV4/2016/17 Booking & Reservation Ticketing System - Project Costs Jan- March 2017

(b) Business Case

You also requested copies of the business cases which supported these request for a contract these request and while our aim is to provide information whenever possible, in this instance we are unable to provide copies of the business cases you have requested relating to the contract extensions listed above. This is because exemption under Section 33(1) (b), commercial interests of FOISA applies.

The reasons why these exemptions apply are explained below.

Reasons for not providing information

Exemptions apply, subject to the public interest test.

Section 33(1) (b) – commercial interestsAn exemption under section 33(1) (b) of FOISA (commercial interests) applies to the Business Case information provided by CalMac Ferries Ltd in support of contract variations. This exemption applies because disclosure of this particular information would, or would be likely to; prejudice substantially the commercial interests of CalMac Ferries Ltd.

Public interest testThis 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 as part of open and transparent government, and to help account for the expenditure of public money. However, there is a greater public interest in protecting the commercial interests of CalMac Ferries Ltd.

Detected exemption language

This is because exemption under Section 33(1) (b), commercial interests of FOISA applies. The reasons why these exemptions apply are explained below. Reasons for not providing information Exemptions apply, subject to the public interest test. Section 33(1) (b) – commercial interestsAn exemption under section 33(1) (b) of FOISA (commercial interests) applies to the Business Case information provided by CalMac Ferries Ltd in support of contract variations. This exemption applies because disclosure of this particular information would, or would be likely to; prejudice substantially the commercial interests of CalMac Ferries Ltd.

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