Publication - FOI/EIR release

Valuation of the main Lochaber Smelter security asset: FOI Review

Published: 11 September 2024
Directorate: Economic Development Directorate
Topic: Economy, Public sector
FOI reference: FOI/202300391456 Review of 202300385648
Date received: 21 December 2023
Date responded: 23 January 2024

Information request and response under the Freedom of Information (Scotland) Act 2002.

Information requested

Original request 202300385648

“1. The figure for the financial difference in the valuation of the main Lochaber smelter security asset held by the Scottish Government between 2021/22 and 2022/23 financial years (i.e. -£30m)

2.Any internal correspondence amongst those within the Strategic Commercial Assets Division, including any reports or submissions to ministers or special advisers, on the topic of the valuation of the primary security asset linked to the Lochaber smelter guarantee, between January 2022 to date.”

Response

I have now completed my review of our response to your request under the Freedom of Information (Scotland) Act 2002 (FOISA) requesting an internal review of this decision.

Your request for a review
You expressed that you were not satisfied with the reply to your original Freedom of Information (FoI) request which was allocated reference number 202300385648. The wording of this initial request is outlined below:

“1. The figure for the financial difference in the valuation of the main Lochaber smelter security asset held by the Scottish Government between 2021/22 and 2022/23 financial years (i.e. -£30m)
2.Any internal correspondence amongst those within the Strategic Commercial Assets Division, including any reports or submissions to ministers or special advisers, on the topic of the valuation of the primary security asset linked to the Lochaber smelter guarantee, between January 2022 to date.”

Upon receipt of the response to this request, you subsequently submitted a review request as follows:

I do not believe the exemptions apply, and where they may, they should be overridden by the public interest in the information being made public.

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. Your request for a review of FOI- 202300385648 falls into two parts the first being whether the application of certain exemptions under FOISA have been applied correctly. The second part is if the public interest favours disclosure.

I have concluded that the original decision should be confirmed but with modifications. I have reviewed the information withheld and I agree that some of the information previously withheld in the Report should be released.

I, therefore, enclose some of the information you have requested, however some of the information remains withheld since I agree that exemptions under section 30(c), section 30 (b)(11), section 33(1) (b) and section 38(1)(b) of FOISA apply to your request.

I believe that the release of this information is in the public interest and is subject to the ‘public interest test’. Details of these exemptions together with the public interest test and whether the public interest in disclosing the information outweighs the public interest in applying the exception can be found in the annex attached.

While our aim is to provide you information wherever we can, on this occasion after reviewing the information on a line-by-line basis we are unable to provide you with some of the information you have requested as statutory exemptions under FOISA apply as mentioned previously.

I recognise that there is a public interest in disclosing information including for the following reasons

The wider significance of this industry to Scotland, its economy and the local community together with the Scottish Government’s commitment to being an open, transparent and accountable government.

However, there is also a public interest to:

Avoid causing or creating adverse impacts on the competitiveness of the smelter protecting the close and trust-based relationships that the Scottish Government needs to maintain with companies, advisors and other bodies to conduct business effectively, particularly with external parties where there are events ongoing.
Avoid weakening the Scottish Government's position in any future negotiations that may be required with GFG Alliance in relation to Lochaber.
Where companies had not consented to disclosure doing so could make businesses less likely to engage with the Scottish Government and substantially prejudice its ability to take similar action to secure the future of employers and jobs.

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.