Governmental or ministerial meetings with Jeff Kabel of Liberty Steel: FOI release

Information requested

Any correspondence including meeting minutes, memos, notes, emails, agendas, or attachments and correspondence on the topic of, or originating following any governmental or ministerial meetings with Jeff Kabel (sometimes spelled Kable) of Liberty Steel/GFG Alliance, since May 1, 2021 to date.

Response

I attach a copy of some of the information you requested.

Most of the information you have requested is available from https://www.gov.scot/publications/foi-202200307644/. Under section 25(1) of FOISA, we do not have to give you information which is already reasonably accessible to you. 

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 sections 30(b)(ii) (free and frank exchange of views) 33(1)(b) (Prejudice to Commercial Interests) 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 30(b)(ii) of FOISA (free and frank exchange of views) applies to some of the information requested. This exemption applies because disclosure would, or would be likely to, inhibit substantially the free and frank exchange of views for the purposes of deliberation. This exemption recognises the need for Ministers and officials to have a private space within which to discuss and explore options before the Scottish Government reaches a settled public view. Disclosing the content of free and frank discussions on engagement between officials and the GFG Alliance will substantially inhibit such discussions in the future, particularly because these discussions relate to a sensitive or controversial issue such as political sensitivities around the GFG Alliance.

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 a public interest in disclosing information as part of open, transparent and accountable government, and to inform public debate. However, there is a greater public interest in allowing Ministers and officials a private space within which to explore and refine the Government’s position on engagement with the GFG Alliance This private thinking space is essential to enable all options to be properly considered, so that good decisions can be taken.

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 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.

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 202200312445 - Information released

File type

3 page PDF

File size

192.8 kB