Cardinal Date Programme Vessels 801/802 Ferguson Marine Engineering Ltd

Roedd y cais yn rhannol lwyddiannus.

Dear Scottish Ministers,

On 15th May 2019 at the 16th Meeting of 2019 of the Scottish Parliament's Rural Economy and Connectivity Committee Michael Matheson MSP, Cabinet Secretary for Transport, Infrastructure gave evidence on transport issues. He was first questioned by John Finnie MSP who said: 'Good morning, cabinet secretary. I have questions about the delay in the delivery of the new ferries. Have you received a response to your letter to Ferguson Marine Engineering Ltd that sets out the new programme and the cost of MV Glen Sannox and hull 802? If not, when do you expect to have that information?'

Mr Matheson responded: 'On John Finnie’s question, at the beginning of May, the director of economic development in the Scottish Government received a response from FMEL to our request for further information on its planned programme. She has since had to go back to FMEL for further details on the timetable for the continuing work on both vessels and the associated costs, and she is waiting for those details to be provided'.

In the public interest as of today 17th May please provide the following information in respect of the response from Mr Matheson to Mr Finnie.

1/Please provide the specific correspondence via letter or email that the Director of Economic Development sent to Ferguson Marine Engineering Ltd asking for further information on its planned programme (for Vessels 801/802)

2/To provide the specific correspondence that was received from Ferguson Marine Engineering Ltd in response to the request from the Director

3/To provide the specific correspondence via email or letter that asked for further details on the timetable for the continuing work on both vessels

4/To provide, as of today 17th May 2019, any further response from Ferguson Marine Engineering Ltd to the Director in respect of delivery information on the two vessels.

In 2017 and 2018 the Scottish Government provided two commercial loans to the company, one of £15m and one of £30m. It is known that all funds from these loans have been drawn down yet both vessels are significantly late in the delivery to their customer. Given the public money involved it is not unreasonable to ask the questions above.

I look forward to hearing from you.

Yours faithfully,

Robert Ware

Scottish Ministers

FOISA Acknowledgment of request

Thank you for your request dated 17 May 2019 under the Freedom of
Information (Scotland) Act 2002 (FOISA) for questions relating to
correspondence between the Director of Economic Development and FMEL.

We received your request on 17 May 2019 and will respond in accordance
with FOISA by 17 June 2019.

If you have any queries, please feel free to contact me quoting case
number FoI/19/01287.

Kind regards,

Jennifer Moore

 

 

Jennifer Moore | Manufacturing and Industries Division | Directorate for
Economic Development | Scottish Government | Tel: 0131 244 4386 | [mobile number]

 

 

dangos adrannau a ddyfynnir

Scottish Ministers

6 Atodiad

Dear Mr Ware

 

Please find attached a response to your FoI request received on May 17^th.

 

Kind Regards

Jennifer

 

Jennifer Moore

Policy Officer, Strategic Industrial Projects

Manufacturing and Industries Division

 

Directorate for Economic Development

Scottish Government, 3^rd Floor, 5 Atlantic Quay, 150 Broomielaw, Glasgow
G2 8LU

 

'013124(44386)

'07584206983

y[1][email address]

 

dangos adrannau a ddyfynnir

 

References

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1. mailto:[email address]

Dear Scottish Ministers,
Thank you for providing the information and I am grateful for the time taken to provide details of correspondence.

With respect to the financial information provided to Scottish Ministers from Ferguson Marine Engineering Ltd, this has been entirely redacted in the documents supplied in respect of this request. Given that the Company has so far refused to disclose to Ministers revised dates for the delivery of the two vessels, the first of which is still proposed to be tomorrow 21st June and that a total of £45m in the form of loans from the Scottish Government was provided to the Company ALL of which has now been drawn down, then I wish to request a review of the decision to redact the financial information published in your response. The £45m provided in these loans is Scottish taxpayers money and in the absence so far of the initiation of a Public Enquiry into this failed contract it seems appropriate that the taxpayer has a right to be given transparency in the use of £45m, which itself, for one public contract, is 0.45% of the recent 'black hole' of £1bn announced by Derek Mackay MSP, Cabinet Secretary for Finance, Economy and Fair work. ( https://www.publicfinance.co.uk/news/201... )

I look forward to hearing from you.

Yours faithfully,

Robert Ware

Scottish Ministers

1 Atodiad

Dear Mr Ware

 

Please find attached a letter acknowledging receipt of your request for a
review of the recent FOI response. 

 

Regards

 

Sandra

 

Sandra Reid

Scottish Government

3^rd Floor| 5 Atlantic Quay|150 Broomielaw|Glasgow. | G2 8LU

Tel: 0300 244 1141 (Blackberry – 07920595444)

 

dangos adrannau a ddyfynnir

 

Dear Scottish Ministers,

Thank you for the acknowledgement of my request.

Yours faithfully,

Robert Ware

Gadawodd Mr Paterson anodiad ()

They have provided a typical non compliant response to your FOI request - false use of a FOISA exemption then a sham demonstration of the public interest test.

Section 33(1)(b) 'commercial prejudice' requires the significant probability of substantial prejudice in order to withhold information - this is a much higher bar than 'may prejudice' which they quote in their response.

They have been warned about using 'may prejudice' before in the following case:

http://www.itspublicknowledge.info/Appli...

There are extensive public interest arguments for release of the information in your FOI case - including the cost effective and timely delivery of the ferries and to increase scrutiny where there is a close connection between Ministers and the director and controlling party of the private company concerned and where there are substantial amounts of public money involved.

Scottish Ministers

3 Atodiad

Dear Mr Ware

 

Please find attached a response to your request for an FOI review.

 

Regards

 

Sandra

 

Sandra Reid

South of Scotland – Economic Development

Business Engagement and Regional Economic Development:

Scottish Government

3^rd Floor| 5 Atlantic Quay|150 Broomielaw|Glasgow. | G2 8LU

Tel: 0300 244 1141 (Blackberry – 07920595444)

 

 

 

From: Reid SM (Sandra)
Sent: 25 June 2019 10:39
To: '[FOI #576808 email]'
<[FOI #576808 email]>
Subject: FOI 19/01287 - request for review

 

Dear Mr Ware

 

Please find attached a letter acknowledging receipt of your request for a
review of the recent FOI response. 

 

Regards

 

Sandra

 

Sandra Reid

Scottish Government

3^rd Floor| 5 Atlantic Quay|150 Broomielaw|Glasgow. | G2 8LU

Tel: 0300 244 1141 (Blackberry – 07920595444)

 

dangos adrannau a ddyfynnir

 

Dear Scottish Ministers,

Thank you for the recent response to my request for a review of the earlier response.

You have provided two documents that have minor amendments from my original request.

These are:

1/The FMEL Contract Summary dated March 2019.

Your first submission on this summary showed every financial transaction on the contract summary redacted with the exception of the Scottish Government Loan figure drawn down as of end March 2019 as £40m. This being part of the two publicly funded loans made to FMEL in September 2017 £15m and June 2018 of £30m. It is known that the remaining £5m of the loans was drawn down by 6th April 2019. Your revised and part unredacted FMEL contract summary had just two milestone payments of £48.5m for each of the unfinished vessels 801 and 802 with a total of £97m in addition to the already published drawn down figure of £40m.

Given that this contract for two vessels with a design,build and agreed price of £97m and that the Scottish taxpayer has provided £45m in public funds to FMEL I believe that it is in the public interest that all of the data shown on this table be made available in the public domain. I further believe that this contract will, at some point in the future, be the subject of a major Public Enquiry. Therefore I request a further review of this under the terms of the Act.

In addition your response regarding the letter sent to Ms McAllan shows several lines unredacted but there is a remaining 1 1/2 lines of text from Mr Marshall's letter redacted. As with the item above I ask that those remaining lines be published in the public interest.

Thank you.

Yours faithfully,

Robert Ware

Scottish Ministers

Dear Mr Ware

 

Thank you for your email of 30 July which refers to my response to you of
16 July, and requests a further review.

 

As explained in the letter, if you are unhappy with the outcome of this
review you have the right to appeal to the Scottish Information
Commissioner about our decision within 6 months.  Information on how to
make an appeal, along with an application form, is available on the
Commissioner’s website at:

[1]http://www.itspublicknowledge.info/YourR...

 

You can also contact the Commissioner at:

         

The Scottish Information Commissioner

Kinburn Castle

Doubledykes Road

St Andrews

Fife

KY16 9DS

 

E-mail:          [email address]

Telephone:    01334 464610

 

I hope this helps clarify.

 

Regards

 

Sandra

 

Sandra Reid

South of Scotland – Economic Development

Business Engagement and Regional Economic Development:

Scottish Government

3^rd Floor| 5 Atlantic Quay|150 Broomielaw|Glasgow. | G2 8LU

Tel: 0300 244 1141 (Blackberry – 07920595444)

 

 

dangos adrannau a ddyfynnir

Dear Scottish Ministers,

Dear Sandra

Thank you for your note. I will close this FOI as I have received some of the information and thank you and your colleagues for their time. I've no doubt this will be covered under a future Public Enquiry.

Yours faithfully,

Robert Ware