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FOI/202400440468 · FOI · partially withheld

Highlands & Islands Enterprise correspondence relating to the Cairngorm Funicular repairs: FOI release

Published
2025-01-20
Received
2024-11-12
Responded
2024-12-10
Directorate
Economic Development Directorate
Topic
Economy, Public sector
Exemptions
33(1), 38(1)

Information requested

Any documents or correspondence between the Scottish Government and Highlands & Islands Enterprise relating to the Cairngorm Funicular repairs between January 2023, when the funicular originally came back into service, up to the present day.

Response

I enclose a copy of the information you requested.

Exemptions under sections 33(1)(b) and 38)1)(b) of FOISA applies to some of the information you have requested.

Section 33(1)(b) - information that would (or would be likely to) prejudice substantially the commercial interests of any person or organisation

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 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 withholding this information as releasing this would, or would be likely to, prejudice substantially the commercial interests of HIE – specifically creating a disadvantage in future tendering exercises and other procurement.

Section 38(1)(b) - Personal data of third parties e.g. names, email addresses and phone numbers

This exemption is not subject to the 'public interest test', so we are not required to consider if the public interest in disclosing the information outweighs the public interest in applying the exemption.

About FOI

The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at https://www.gov.scot/foi-responses.

Detected exemption language

Exemptions under sections 33(1)(b) and 38)1)(b) of FOISA applies to some of the information you have requested. Section 33(1)(b) - information that would (or would be likely to) prejudice substantially the commercial interests of any person or organisation 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. Section 38(1)(b) - Personal data of third parties e.g.

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