Reports on GFG Alliance/Lochaber: FOI review

Information requested

1. Any reports, briefings, or notes submitted to the deputy first minister on GFG Alliance/Lochaber since March 1, 2022 to date.
2. Specifically, any note setting out the justification for the public interest aspect of the government's approach to GFG Alliance/Lochaber.

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, concluded that the original decision should be confirmed, with modifications. Having reviewed the material relating to it, I have identified three pieces of exempted information that can be released.

The first is on Document 1 (p2) - "£80" million. This information is now publicly available and should be disclosed. The second on Document 3 (p2, 5) "Longstop Date". This term has been released under previous FOI requests and should be disclosed. The third is also on document 3 on the front page. A phone conference ID number has been released, since this is not personal information and it is understood these are randomly generated for each meeting.

With regard to the remaining exemptions made within the original release, I have conducted a comprehensive review of the response and the reasons behind withholding the requested information. I can confirm that the information which was redacted in the material enclosed in the original FOI response remains exempt at this time.

Exemptions apply that are subject to the public interest test

1. Exemptions under sections 30(b)(ii) and 30(c) of FOISA apply to some of the information you have requested. This is because they relate to ongoing formulation of Scottish Government policy development and release would risk further exchanges within Government on the policy development.
   
   These exemptions are 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 exemptions. I have found that, on balance, the public interest lies in favour of upholding the exemptions. I recognise that there is some public interest in release because it relates to the development of policy with regard to GFG Alliance/Lochaber. However, this is outweighed by the public interest in enabling the Scottish Government to develop policy in an environment which enables the free and frank exchange of views with internal and external stakeholders, and that there is clearly a strong public interest in protecting the effective conduct of public affairs.
2. Further exemptions under section 33(1)(b) of FOISA applies to some of the information you requested. This is because disclosure would (or would be likely to) prejudice substantially the commercial interests of any person or organisation.
   
   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 because it contains financial and contractual information with regard to GFG Alliance/Lochaber and other parties. However, this is outweighed by the public interest and that disclosure would harm the current and future commercial interests of the parties in question.
3. A further exemption under section 36(1) of FOISA applies to some of the information you have requested. This is because the document is legal advice to Ministers
   
   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 the subject matter because the relationship between Scottish Ministers and GFG Alliance is the subject of public attention. However, this is outweighed by the need for Scottish Government Ministers to seek and receive confidential legal advice.
4. Finally, exemptions under section 38(1)(b) of FOISA apply to some of the information you have requested. This relates to redacted names in communications.
   
   Exemptions under this section of FOISA is not subject to the 'public interest test', so I am 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.