- 4 Jun 2021
Date received: 22 Apr 2021
Date responded: 21 Jun 2021
Please can you supply the following information:
The Guarantee and Reimbursement Agreement (GRA) between Scottish Ministers and GFG Alliance companies and any subsequent amendments made to the agreement.
The Guarantee Fee Letter which sets out the terms of the guarantee fee and any subsequent amendments made to the letter.
Attached is a copy of some of the information requested. While our aim is to provide information whenever possible, in this instance we are unable to provide some of the information you have requested as exemptions under FOISA apply. Further information on what exemptions apply and why can be found in the Annex.
Due to the size of the files we are unable to upload the documents referred to above. If you wish to consider, please contact us at the address below and we will be happy to provide.
REASONS FOR NOT PROVIDING INFORMATION
Section 33(1)(b) – Commercial Interest and the Economy
An exemption under section 33(1)(b) of FOISA applies to some of the information you have requested because it is likely to prejudice substantially the commercial interests of the parties to the GRA. This exemption applies because disclosure of this particular information would, or would be likely to, prejudice substantially the commercial interests of the commercial entities involved. This exemption is subject to the ‘public interest test’. Therefore, taking into 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 some public interest in release to ensure full transparency. However, this is outweighed by the public interest as there is a risk to the companies commercial interests.
Section 38(1)(b) – Personal data
This exemption applies to some of the information requested because it is personal data of a third party, i.e. names and contact details, 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 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.
The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at http://www.gov.scot/foi-responses.
Please quote the FOI reference
Central Enquiry Unit
Phone: 0300 244 4000
The Scottish Government
St Andrews House