Information

Interactions with Greensill Capital (UK) Limited regarding Lochaber Smelter Guarantee & Reimbursement Agreement: FOI Appeal

Information request and response under the Freedom of Information (Scotland) Act 2002


Information requested

Information requested 202100217297 - Review

“Please supply a copy of all interactions with Greensill Capital (UK) Limited in connection with the Lochaber Smelter - Guarantee & Reimbursement Agreement. This includes, but is not limited to, all letters, emails, minutes and notes of meetings." "I am requesting an internal review as I believe information is held.”

Response

Further to your appeal of 202100942, I have now completed a further review of our response to your request under the Freedom of Information (Scotland) Act 2002 for:

“All interactions with Greensill Capital (UK) Limited in connection with the Lochaber Smelter - Guarantee & Reimbursement Agreement. This includes, but is not limited to, all letters, emails, minutes and notes of meetings”.

I apologise for the delay in providing this response. Unfortunately it has taken longer than anticipated to identify and fully consider the information falling within the scope of your request.

I have concluded that a different decision should be substituted.

In conducting my review I have undertaken additional searches and have identified information held which would fall within the scope of your request. I have therefore determined that we were not entitled to respond to your request under section 17(1) of FOISA.

I have attached a copy of some of the information you have 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 because exemptions under sections 33(1)(b) and section 38(1)(b) of FOISA applies to that 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 all of 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 in applying the exemption 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.

About FOI

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.

Contact

Please quote the FOI reference
Central Enquiry Unit
Email: ceu@gov.scot
Phone: 0300 244 4000

The Scottish Government
St Andrews House
Regent Road
Edinburgh
EH1 3DG

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