Chief Transformation Officer and Liberty Steel Dalzell Limited: FOI release

Information requested

Any minutes, memos, notes, emails, agendas, or attachments and correspondence on the topic of, or originating following the meetings between officials and Jeff Kabel, chief transformation officer and Liberty Steel Dalzell Limited.

Response

I attach a copy of some of the information you 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 section(s) 33(1)(b) (Prejudice to Commercial Interests), 36(1) (Confidentiality of Communications) and 38(1)(b) (Personal Information) of FOISA apply to that information. The reasons why these exemptions apply are explained below.

An exemption under section 33(1)(b) of FOISA (commercial interests) applies to some of the information you have requested. This exemption applies because disclosure of this particular information would, or would be likely to, prejudice substantially the commercial interests of GFG Alliance companies operating in Scotland. Disclosing this information would result in confidential commercial details entering the public domain, potentially conveying an advantage on GFG Alliance companies' competitors.

This exemption is subject to the 'public interest test'. Therefore, taking 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 because steel manufacturing in Scotland is a matter of considerable public interest. However, this is outweighed by the public interest in ensuring that confidential commercial information shared with the Scottish Government is not made available to other commercial entities.

An exemption under section 36(1) (confidentiality in legal proceedings) of FOISA applies to some of the information you have requested because disclosure would breach legal professional privilege. This exemption is subject to the 'public interest test'. Therefore, taking 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 as part of open and transparent government, and to inform public debate. However, this is outweighed by the strong
public interest in maintaining the right to confidentiality of communications between legal advisers and clients, to ensure that Ministers and officials are able to receive legal advice in confidence, like any other public or private organisation.

An exemption under section 38(1)(b) of FOISA (personal information) applies to some of the information requested because it is personal data of a third party (names/contact details of individuals), 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.

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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 202200307641 - Information released

File type

21 page PDF

File size

1.2 MB