Communications with GFG Alliance regarding first annual guarantee fee review: FOI review

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


Information requested

You expressed you were not satisfied with our reply to your original Freedom of Information (FoI) request which was allocated reference number 202100259480:
"Please provide a copy of all communications between the Scottish Government and the GFG Alliance on the subject of the first annual guarantee fee review.
I am aware that some redacted correspondence is already in the public domain. However, this information is incomplete for the purpose of my request, I believe the claimed exemptions do not apply and the public interest favours disclosure."

Upon receipt of your response you submitted the following request for review:
"Please provide a copy of all communications between the Scottish Government and the GFG Alliance on the subject of the first annual guarantee fee review.
I am aware that some redacted correspondence is already in the public domain. However, this information is incomplete for the purpose of my request, I believe the claimed exemptions do not apply and the public interest favours disclosure.”

  • General boiler-plate statements are being used to prevent disclosure.
  • Explanations lack the precision & relevance required.
  • FOISA exemptions can not be used as though they are class exemptions.
  • The public interest test had not been properly carried out.
  • The public interest favours disclosure."

Response

I have been asked to look at your request afresh, to decide whether the original response should be confirmed, with or without modifications, as appropriate, or that a fresh decision should be substituted. I can confirm that I was not involved in the handling or decision-making around the original response. I have considered this case again, and I have conducted a comprehensive review of the response, and the reasons behind withholding the requested information. I have concluded that the original decision should be upheld with modifications and as such some additional information contained in the documents attached has been released.

Once again, Scottish Government officials have determined that the application of the exemptions are valid and apply to the information that has been withheld. However, in my review I have identified further information that can be released without causing damage to the stakeholders involved and within the public interest.

I have also concluded that the information should correctly be withheld under section 33(1)(b) – commercial interest – because if it was released it would negatively impact the business and potentially damage negotiations, day-to-day operations and other activity.

Given the importance of the business to the economy of the West Highlands and beyond, along with the interests of the employees who work there, I have determined that the public interest test lies in favour of withholding the information.

This rationale is similar with the application of section 30(b)(ii) – free and frank exchange of view – as, while Scottish Government officials understand the need for transparency as part being an open and responsible Government, Ministers and officials require a necessary and private space to make decisions. This becomes even more important when events with external parties are still ongoing and in an effort to maintain a well-functioning working relationship with companies and external advisors.

It is not in the public interest to release information that would prejudice this and deprive the taxpayer of best value for money.

I have also confirmed with the relevant Scottish Government policy area that there is no further information contained in the documentation being withheld on this occasion that is already in the public domain.

I would like to confirm that the decision by the initial case handler does take into account the Scottish Information Commissioner’s Decision Notice 144/2021. As such, all information relevant to the decision was published in the initial response.

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.

FoI 202200269916 - Information released

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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