FOI/202600523690 · FOI · clarification
Appointment of non-Executive Director of Ferguson Marine Ltd (FM Ltd): FOI release
Information requested
Clarification on the process adopted for the appointment of Mr Martin Boooth to the Board of Ferguson Marine (Port Glasgow) Ltd (FM Ltd).
My understanding had been that appointments to the Board of FM Ltd ( a strategic government owned company) were made by the Cabinet Secretary for Economy, Fair Work and Culture- the predecessor office to the one now held by you. I further understood that unlike some public bodies where open competition is mandatory, FM Ltd. appointments are direct ministerial appointments although the Scottish Government process still involves –
Merit based selection Transparency and Compliance with Public Appointment principles
This is reflected in the entry on the FM Ltd website.
However, this does not appear to tally with the account of the circumstances of the appointment of Mr Booth provided by the Chair of the Board of FM Ltd who has issued a statement saying that –
“ His appointment was made following a robust, transparent and competitive recruitment process managed by an external partner”.
The Chair ‘s statement makes no reference to the role of the Cabinet Secretary nor that the appointment was a ministerial one. Nor does it make any reference to the above principles governing appointments to government owned companies. Nor who is the “ external partner”.
AND
Given the discrepancy between what is stated on the company website and what is being said by the Board Chair, I wish to ask the following questions–
1. How did Mr Booth come to be considered for the role of a non-Executive Director of FM Ltd? Did it include an application and interview?
2. Was the position advertised?
3. Was his appointment made following the principles of –
merit based selection transparency compliance with public appointments principles?
If so, how was this ensured in each case?
4. Was the appointment made by the then Cabinet Secretary for the Economy ? If so, what was the recommendation process?
5. If it was not made by the then Cabinet Secretary who made the appointment?
6. Who is the “ external partner” referred to by the Chair of FM Ltd ? What was their role in the appointment process?
Response
Most of the information you have requested is contained in the Ferguson Marine framework agreement.
A link to which can be found here. Under section 25(1) of FOISA, we do not have to give you information which is already reasonably accessible to you. If, however, you do not have internet access to obtain this information from the website(s) listed, then please contact me again and I will send you a paper copy.
The answer to address your list of question is as follows:
Martin Booth is a Non-Execituve Director Specialising in Audit/Finance appointed to the Ferguson Marine Board on 10 March 2025. The process we followed for his recruitment, and all other recruitments for the Ferguson Marine Board of Directors is as follows:
As and when board member contracts come up for renewal, and the incumbent chooses not to renew their contract, or they have served their maximum time on the board, the post is flagged as an up-andcoming vacancy. It is then for the Chair of the Board to state to Scottish Government Officials what skills gaps are missing from the board, and agree how many people are required to fill these gaps.
This is important as each board members has been employed due to their specific specialist skills, and these skills are important as they ensure that the board, as a whole, have a good overall understanding of the business and it’s requirements as a whole.
Officials make the Cabinet Secretary, or in Mr Booth’s case, the Deputy First Minister, aware that there is a requirement to recruit new board member/s, and what areas of expertise there are skills gaps within the board. Once the relevant Minister approves that recruitment is necessary and justified, job adverts, role specifications, and essential criteria for interviewing for the role are drawn up by Scottish Government officials and the Chair of the Board, which are sent to the Minister to approve. Only after Ministerial approval has been obtained does the recruitment process commence.
Ferguson Marine use an external recruitment company called Odgers to advertise vacancies – so a fair and open recruitment campaign is carried out. Once the application deadline has passed, a panel sits to discuss the applications. The panel is made up of a senior official from the Scottish Government, who works with Ferguson Marine; a senior official from the Scottish Government who is independent from Ferguson Marine work; and the Chair of the Ferguson Marine Board. A member of staff from the recruitment company is also present to take notes during the candidate scoring. The panel then carry out interviews with candidates who have presented strong applications, and from there further scoring takes place to ensure impartiality before a preferred candidate is identified.
At this stage, the information on the preferred candidate, and maybe the second place candidate (if the scoring is close) is sent up to the Minister to consider and approve the appointment. Once the Minister has confirmed that the candidate is suitable for the role, a letter of appointment/employment contract is sent by the Minister to the candidate to sign.
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Contact Please quote the FOI reference Central Correspondence Unit Email: contactus@gov.scot Phone: 0300 244 4000 The Scottish Government St Andrew's House Regent Road Edinburgh EH1 3DG
Detected exemption language
Under section 25(1) of FOISA, we do not have to give you information which is already reasonably accessible to you.
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