FOI - Funding agreement between GLA and F6S Network Ltd [Sep 2022]

Your request 

Could please provide us with a copy of the final signed grant agreement which was entered into between F6S Network Limited and the GLA. 

Our response

Please find attached the information we hold within the scope of your request.

Please note that the following information is exempt from disclosure under section 43(2) of the Freedom of Information Act 2000 - Commercial interests:

• Schedule 1 - The Project Specific Conditions
• Schedule 2 - Expenditure Profiles
• Schedule 3 - Targets
• Schedule 4 – Underperformance Methodology
• Schedule 5 – ERDF Application

Section 43(2) exempts information whose disclosure would, or would be likely to, prejudice the commercial interests of any legal person (an individual, a company, the public authority itself or any other legal entity). 

It is the GLA’s position that the third-party’s commercial interests would be prejudiced and/or would be likely to be prejudiced by the disclosure of the requested information.

The exemption at section 43(2) is qualified and therefore subject to a public interest test. Even where a qualified exemption is engaged it can only be applied where the public interest in withholding information outweighs that in favour of releasing it. 

In applying the public interest test the GLA have given careful consideration to the arguments for and against disclosure. 

Arguments in Favour of Disclosure:

• Promote accountability and transparency in relation to commercial transactions; there is a clear public interest in ensuring that commercial transactions are undertaken on a competitive commercial basis.
• Promoting understanding of the GLA’s decisions; disclosure may promote understanding of the process and decision reached by the GLA.
• Generating confidence in integrity; disclosure may promote public confidence in the integrity of the procedures followed.

Arguments Against Disclosure:

• There is a public interest in allowing public authorities to withhold information which if disclosed, would reduce providers' ability to compete in a commercial environment, for the reasons given above.
• The redacted information references third party operational costs, funding profile, and business methodologies. There is a public interest in protecting the commercial interests of individual companies and ensuring they are able to compete fairly, thereby disclosing detailed financial costs and funding would heavily prejudice their ability in doing so.
• Revealing information such as business methodologies can be detrimental to a provider's commercial interest and would offer its competitors significant advantage.
• If an organisation has full knowledge of a provider's estimated and/or actual funding requirements, harm may be caused in its ability to negotiate competitively with its providers. This would include any ongoing and/or future negotiations.

Having taken into account the arguments for and against disclosure, the GLA has decided that the public interest in this case is best served by maintaining the exemption under section 43(2) of the Act and by redacting some of the information requested.

Further information contained within Schedule 5 is exempt from disclosure under section 40 (Personal information). The names, salaries and working arrangements of members of staff are exempt from disclosure under section 40 (Personal information) of the Act.

This information could potentially identify specific employees and as such constitutes as personal data which is defined by Article 4(1) of the General Data Protection Regulation (GDPR) to mean any information relating to an identified or identifiable living individual. It is considered that disclosure of this information would contravene the first data protection principle under Article 5(1) of GDPR which states that personal data must be processed lawfully, fairly and in a transparent manner in relation to the data subject.

Section 40 is an absolute exemption and is not subject to a public interest test.

If you have any further questions relating to this matter, please contact us, quoting
reference MGLA250822-8057.