SIC Safety Management System Manual – On 4 April 2014, Mr Macleod asked CalMac Ferries Limited (CalMac) for the Safety Management System Manual (SMS Manual) for a new vessel then under construction.
CalMac refused to provide the information because it considered that disclosure would damage its
commercial interests.
The Commissioner found that CalMac had failed to identify that some of the requested information was likely to be environmental information covered by the Environmental Information (Scotland) Regulations 2004 (the EIRs).
During the investigation, it became highly questionable that the full range of information CalMac considered was covered by Mr Macleod’s request was within scope, leading the Commissioner to also find that CalMac had failed to provide advice and assistance in line with section 15 of FOISA and regulation 9 of the EIRs.
She required CalMac to provide reasonable advice to Mr Macleod and then issue him with a revised review response.
[2014] ScotIC 257 – 2014
Bailii
Scotland
Updated: 26 September 2021; Ref: scu.542669
