In February 2016, Tom Gallard made a simple request to the Welsh Government through our Freedom of Information site WhatDoTheyKnow.com. He wanted to know the exact sum paid to Aston Martin in a much-publicised deal which would bring its luxury car-making facilities to St Athan.
15 months later, in June 2017, he received the answer.
Now clearly, this is not an example of an efficient and prompt release of information on request — so let’s look at exactly what happened.
Tom’s request was not complex, but it appeared to ask for something that the Welsh Government were reluctant to disclose, and as a result, it encountered several obstacles.
February 24, 2016: request made
Tom made his one-line request: “Please provide details of the financial support agreed with Aston Martin to create 750 jobs at St Athan.”
Was there anything in particular that spurred you to make this request?
“I read a lot of the news reports around the deal to bring Aston Martin to Wales, and I got more and more frustrated as it became clear that no-one was disclosing how much this would cost. I didn’t feel I could judge whether it was a good use of money or not, without knowing how much was being spent”.
March 23, 2016: reminder sent
Under the FOI Act, authorities are supposed to respond to request for information promptly, and at most within 20 working days. WhatDoTheyKnow sends its users a reminder when this date has passed, so you can chase your request if needs be.
According to this official timeline, Tom’s response was due by March 24 at the latest, but in their acknowledgement, the Welsh Government had said that they would reply by March 14, so his reminder wasn’t necessarily premature.
March 24, 2016: refusal received
The Welsh Government did reply within the time-limit, albeit on the last possible day.
Their response confirmed that they did have the information Tom had requested, but stated that it was exempt from disclosure under Section 43 of the Freedom of Information Act, which relates to commercial interests. Use of this clause requires the authority to show that the public interest in withholding the information is greater than the public interest in releasing it.
Same day: review requested
When you receive a refusal in response to your FOI request, you might think that there’s nothing more you can do — but, as WhatDoTheyKnow’s automated advice explains to users in this situation, you have the right to request an internal review.
Tom did just that, quoting ICO guidance on commercial interests, noting that the Welsh Government had previously published information on grant funding given to other companies, and particularly, pointing out an apparent misreading of the meaning of ‘public interest’ on behalf of the Welsh Government: “The public interest here means the public good, not what is of interest to the public”.
“What frustrated me was a refusal in the Welsh Government’s response to engage with the specific case. I had seen them produce a lot of very similarly worded replies to a range of FOI requests. I spent a lot of time reading previous judgements by the Information Commissioner, and felt I had a strong case.”
Why do you think the Welsh Government might have been so reluctant to release this figure? As you mention, figures for similar deals had been released in the past.
“A lot of people have found this reluctance odd. It has also been suggested to me, by a couple of well-placed sources, that the figure they have now released is just one part of the support the Welsh Government has agreed to provide to Aston Martin.”
April 26, 2016: review reminder, response, referral to the ICO
Tom knew his rights and as he mentioned in this follow-up — two days after he should have received a response — “ICO guidance suggests that if the 20 day limit is to be breached, I should have received an email telling me this, and the reasons for the delay”.
Whether because of this reminder or not, he received his response that same day. The Welsh Government’s own internal review concluded that they had been within their rights to withhold the information under Section 43 of the FOI Act.
Again, this is a point at which many requesters might give up, and again it’s one where WhatDoTheyKnow can inform you of your options. If you believe that an authority is withholding information which it should have released, and you have been through the internal review process, you can refer the case to the ICO.
As this part of the process happened outside WhatDoTheyKnow, Tom helpfully left an annotation on his request page.
December 6, 2016: amendments from the Welsh Government
While the case was with the ICO, the Welsh Government sent a further response to indicate that they were changing their reason for exemption: they were now relying on two different sections of the FOI Act: 29(1)(b), the economy, and 36(2)(c), the effective conduct of public affairs, details of which you can see in this response.
Tom left an annotation to say he’d alerted the ICO to the change in defence, along with some counter-arguments.
May 31, 2017 ICO ruling
ICO decisions do not generally come quickly, but it can certainly be worth lodging your complaint with them.
June 2, 2017, information received
Two days later, the sum was finally disclosed, and can be seen here.
– Now that you have the information you requested, will you be using it any way, or are you simply content that it’s now in the public domain?
“I’m happy it’s out there now. But I’m definitely considering whether I can squeeze out some more details about how else the Welsh Government is supporting Aston Martin.”
As you might expect, at mySociety we are strongly in favour of the citizen’s right to information under the FOI Act.
Naturally, we prefer it when information is released without a hitch. But those aren’t always the best stories: we hope that by highlighting examples like this, where WhatDoTheyKnow users have shown tenacity and determination, we can show that if you have a valid request, it’s worth sticking to your guns.