Reports undertaken by Deloitte around GFG Alliance/Liberty Steel/deals with Sanjeev Gupta: FOI review

Information requested

Any internal correspondence between Deloitte (or Teneo staff working under the Deloitte name) and the Scottish Government on the topic of reports undertaken by Deloitte around GFG Alliance/Liberty Steel/deals with Sanjeev Gupta. This should include any correspondence requesting changes/alterations/clarifications to reports prior to their submission by Deloitte, and/or following their receipt by the Scottish Government. The disclosure should also include any attachments to emails, including ministerial briefings. The timeframe for this should be from January 1, 2022, to date.

Consider whether the public interest test has been applied correctly in these instances. You also highlighted that the original response was late.

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 within the documents held in scope has now been released.

The paragraphs below set out my decisions in terms of the application of the exemptions under the relevant sections of FOISA.

33(1)(b) - Commercial interests

I have determined that the application of the exemption at section 33(1)(b) (commercial interests) to some information in the original response was appropriate in most cases, and in the public interest. I am satisfied that if this information were released it would negatively impact the business and potentially damage negotiations, day-to-day operations and other activity. Whilst I recognise that there would be some public interest in release of the information in terms of providing greater openness, I consider that this is outweighed by the public interest in ensuring that private sector partners can share commercially sensitive information with Government with confidence that such information will be handled with due sensitivity.

However, I have decided that some of the information previously withheld under section 33(1)(b) should have been provided. That information is included in the revised versions of the release documents attached with this letter.

30(b)(ii) - Free and frank exchange of views

I have determined that the application of section 30(b)(ii) (free and frank exchange of views) to some information was appropriate in most cases, and in the public interest. While the Scottish Government understands 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.

However, I have decided that a small amount of the information previously withheld under section 30(b)(ii) should have been provided. That information is included in the revised versions of the release documents attached with this letter.

36(1) - Legal advice

I have determined that the application of section 36(1) of FOISA (confidentiality in legal proceedings) to some of the information was appropriate because it is legal advice and 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, I have considered if the public interest in disclosing the information outweighs the public interest in applying the exemption. I have found that, on balance, the public interest lies in favour of upholding the exemption. I 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.

38(1)(b) – Personal data

I have determined that the application of section 38(1)(b) (Personal data) was appropriate. This exemption is not subject to the public interest test.

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 - 202200332905 - Information release

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