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198 - ScotWind Q's

Request: 

Could I please submit a freedom of information request for the following information: 

  1. The contracts issued and agreed to between Crown Estates Scotland and the successful bidders for each ‘ScotWind’ allocation. 

  2. The supply chain development statements submitted by the successful bidders for each ScotWind allocation 

  3. Crown Estates Scotland correspondence regarding ScotWind within the last 12 months 

Response: 

  1. This information is exempt from disclosure under Section 17 of the Freedom of Information (Scotland) Act 2002 (FOISA). This exemption allows public authorities to refuse a request for information if that information is not held by the authority at the time that the request is made. This applies in this case as contracts between Crown Estate Scotland and the successful bidders for ScotWind remain under negotiation. Therefore, there are no contracts that have been issued and agreed between Crown Estate Scotland and the successful bidders.  

  2. This information is exempt from disclosure under Section 33(1)(b) of the Freedom of Information (Scotland) Act 2002. This exemption allows public authorities to refuse to disclose information if the disclosure would, or would be likely to, prejudice substantially the commercial interests of any person. “Person” includes a public authority, company, and partnership. The Supply Chain Development Statements (SCDSs) are comprised of 2 parts - the ‘Outlook’ and the ‘Narrative’. Currently, as Crown Estate Scotland negotiates the signing of option agreements with each successful ScotWind applicant, SDCSs are exempt from disclosure under section 33(1)(b) as the release of this information would be likely to prejudice substantially the commercial interests of Crown Estate Scotland. This could prejudice the long term-outcome of the ScotWind leasing process with impacts on delivery of government policy relating to net zero. Following the signing of the option agreements expected in Spring 2022, Crown Estate Scotland will publish the ‘Outlooks’ on our website. The ‘Narratives’ contain sensitive information and will not be published by Crown Estate Scotland. It is in the public interest to maintain this exemption on the Narratives as the release of this information could impact upon the willingness of organisations to provide Crown Estate Scotland with information. This would in turn impact upon Crown Estate Scotland’s ability to generate long-lasting value for Scotland. 

  3. I would like to seek clarification on this request. This could be narrowed down by specifying the type of correspondence e.g. email and between who.