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FOI/202100204021 · FOI · partially withheld

Documents pertaining to GFG Alliance and Liberty Steel: FOI release

Published
2021-06-21
Received
2021-05-19
Responded
2021-06-17
Directorate
Economic Development Directorate
Topic
Business, industry and innovation, Economy, Public sector
Exemptions
2, 33(1), 38(1)

Information requested

(1) A copy of the sale agreement with GFG Alliance/ Liberty for the sale of the Dalzell and Clydebridge steelworks. (2) A copy of the due diligence carried out on the transaction.

Response

1) The information you have requested was released in a previous Freedom of Information request. However, due to the lapse in time and for ease, I have attached a copy of the sale agreement where the public interest test has been reapplied for relevant exemptions.

2) A copy of the Dalzell and Clydebridge Remediation Assessment is also attached.

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 FOISA apply to that information. The reasons why those exemptions apply are explained in Annex A below.

ANNEX A REASONS FOR NOT PROVIDING INFORMATION An exemption under section under section 33(1)(b) FOISA (commercial interests) applies to some of the information requested. 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 account of all the circumstances of this case, we have considered if the public interest in disclosing the information outweighs the public interest in apply the exemption. We have found that, on balance, the public interest lies in favour of upholding the exemption. We recognise that there is public interest in disclosing information as part of open and transparent government, and to help to account for the expenditure of public money. However, there is a greater public interest in protecting the commercial interests of companies which enter into contracts with the Scottish Government, to ensure that we are always able to obtain the best value for public money.

An exemption under section 38(1)(b) of FOISA (personal information) applies to some of the information requested because it contains personal details of individuals.

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.

Detected exemption language

However, due to the lapse in time and for ease, I have attached a copy of the sale agreement where the public interest test has been reapplied for relevant exemptions. 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 FOISA apply to that information. The reasons why those exemptions apply are explained in Annex A below. ANNEX A REASONS FOR NOT PROVIDING INFORMATION An exemption under section under section 33(1)(b) FOISA (commercial interests) applies to some of the information requested. 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.

Attachments

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