EIR/202600501927 · FOI/EIR · clarification
Transport Scotland - CalMac daytime maintenance windows information: EIR release
Information requested
1. All recorded communications between Transport Scotland and CalMac Ferries Ltd containing either of the following exact terms:
“maintenance window”
“daytime maintenance”
This includes emails, internal memos, briefings, meeting notes, or correspondence exchanged between the Ferries Directorate and CalMac’s operations, planning, or executive teams.
2. Any recorded discussions, approvals, or queries relating to CalMac’s public statements that “maintenance windows are required under CHFS3.”
If no such records exist, please confirm explicitly that:
(a) Transport Scotland did not seek clarification from CalMac regarding this assertion;
(b) Transport Scotland did not provide approval, comment, or challenge; and
(c) Transport Scotland holds no oversight documentation relating to this matter.
3. Any internal Transport Scotland analysis or risk consideration relating to the introduction of daytime maintenance windows on the Largs–Cumbrae service.
If none exists, please confirm this explicitly and state whether Transport Scotland is fulfilling its oversight obligations under Schedule Part 3 of the CHFS3 Grant Agreement in relation to maintenance-linked timetable changes.
Response
1. All recorded communications between Transport Scotland and CalMac Ferries Ltd containing either of the following exact terms:
“maintenance window”
“daytime maintenance”
This includes emails, internal memos, briefings, meeting notes, or correspondence exchanged between the Ferries Directorate and CalMac’s operations, planning, or executive teams.
I enclose a copy of some of the information you have requested, that is held by Transport Scotland Annexe A.
Some of the information has been redacted under the following exemptions.
An exception under regulation 10(4)(e) of the EIRs (internal communications) applies to some of the information you have requested because it is internal communication between officials in relation to general policy and decision-making.
This exception 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 exception. We have found that, on balance, the public interest lies in favour of upholding the exception. We recognise that there is some public interest in release as part of open, transparent and accountable government, and to inform public debate. However, there is a greater public interest in high quality policy and decision-making, and in the properly considered implementation and development of policies and decisions. This means that Ministers and officials need to be able to consider all available options and to debate those rigorously, to fully understand their possible implications. Their candour in doing so will be affected by their assessment of whether the discussions on policy and decision, to which the information relates may undermine or constrain the Government’s view on that while it is still under discussion and development.
An exception under regulation 11(2) of the EIRs (personal information) applies to some of the information requested because it is personal data of a third party and disclosing it would contravene the data protection principles in Article 5(1) of the General Data Protection Regulation and in section 34(1) of the Data Protection Act 2018. This exception 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 exception.
2. Any recorded discussions, approvals, or queries relating to CalMac’s public statements that “maintenance windows are required under CHFS3.”
If no such records exist, please confirm explicitly that:
(a) Transport Scotland did not seek clarification from CalMac regarding this assertion;
(b) Transport Scotland did not provide approval, comment, or challenge; and
(c) Transport Scotland holds no oversight documentation relating to this matter.
As you were previously advised in a recent EIR 202500490383 Transport Scotland developed a Grant Agreement. This grant agreement is publicly available, and the link was provided to you in the initial response, it details the requirements which Transport Scotland mandated. Schedule Part 3 - Vessels and Ports, Part B: Scheduled Maintenance Programme for Vessels specified a deliverable that CalMac must provide a Vessel Maintenance plan which satisfies all these requirements. This plan was developed by CalMac and provided to Transport Scotland as required, the proposed plan meets the requirements as detailed within the Grant Agreement, therefore there was no requirement for Transport Scotland to comment on or reject the plan.
Under the terms of the exception at regulation 10(4)(a) of the EIRs (information not held), the Scottish Government is not required to provide information which it does not have. The Scottish Government does not have the information you have requested because as detailed above, the proposed plan meets the specified requirements under Schedule Part 3 – Part B of the Grant Agreement.
This exception 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 exception. We have found that, on balance, the public interest lies in favour of upholding the exception. While we recognise that there may be some public interest in information about the CHFS3 Vessel Maintenance plan we cannot provide information which we do not hold.
With regards to your request for comment on whether Transport Scotland, did not seek clarification from CalMac regarding this assertion, did not provide approval, comment, or challenge, and holds no oversight documentation relating to this matter. The section you refer to sets out our expectations. As part of CHFS3 we have established revised governance arrangements to ensure Ministers have greater oversight of CalMac’s strategic direction and major decisions. Nevertheless, this is in response to your request for comment and out with the formal FOI/EIR process.
3. Any internal Transport Scotland analysis or risk consideration relating to the introduction of daytime maintenance windows on the Largs–Cumbrae service.
If none exists, please confirm this explicitly and state whether Transport Scotland is fulfilling its oversight obligations under Schedule Part 3 of the CHFS3 Grant Agreement in relation to maintenance-linked timetable changes.
Schedule 3 - Part B Scheduled Maintenance programme for Vessels annotates that as part of the scheduled maintenance programme, CFL shall ensure each vessel has adequate scheduled maintenance time built into timetables. This may require timetable changes to be discussed with Transport Scotland/Scottish Ministers as part of the routine timetable development process but does not require a formal ‘analysis or risk consideration’ by Transport Scotland.
As the information you have requested is 'environmental information' for the purposes of the Environmental Information (Scotland) Regulations 2004 (EIRs), we are required to deal with your request under those Regulations. Under the terms of the exception at regulation 10(4)(a) of the EIRs (information not held), the Scottish Government is not required to provide information which it does not have.
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, because there is no public interest in dealing with the same request under two different regimes. This is essentially a technical point and has no material effect on the outcome of your request.
With regards to your request for comment on whether Transport Scotland is fulfilling their oversight obligation under Schedule Part 3 of the Grant Agreement. The section you refer to sets out our expectations on the maintenance of vessels. As part of CHFS3 we have established revised governance arrangements to ensure Ministers have greater oversight of CalMac’s strategic direction and major decisions. Nevertheless, this is in response to your request for comment and out with the formal FOI/EIR process.
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
Some of the information has been redacted under the following exemptions. An exception under regulation 10(4)(e) of the EIRs (internal communications) applies to some of the information you have requested because it is internal communication between officials in relation to general policy and decision-making. An exception under regulation 11(2) of the EIRs (personal information) applies to some of the information requested because it is personal data of a third party and disclosing it would contravene the data protection principles in Article 5(1) of the General Data Protection Regulation and in section 34(1) of the Data Protection Act 2018. Under the terms of the exception at regulation 10(4)(a) of the EIRs (information not held), the Scottish Government is not required to provide information which it does not have. Under the terms of the exception at regulation 10(4)(a) of the EIRs (information not held), the Scottish Government is not required to provide information which it does not have.