North Africa Team
King Charles Street
London
SW1A 2AH
www.fco.gov.uk
28 September 2009
Mika Minio-Paluello
Via email: [FOI #5157 email]
Dear Mika
Freedom of Information Request Reference: 0478-09
I am writing to confirm that the Foreign and Commonwealth Office has now
completed its search for the information which you requested on 16 June 2009. In
that request, you asked us for:
The minutes and briefing documents for these meetings relating to Egypt or Libya
held between Royal Dutch Shell employees & FCO staff or ministers:
A) 31 Mar 2005 Location FCO London Present 2 attendees
B) April 2005 Location Unknown Present Malcolm Brindred - Shell + 1
attendee
C) 6 April 2005 Location Tripoli Present Anthony Layden - FCO + 1
attendee
D) 18 April 2005 Tripoli Anthony Layden - FCO + 1 attendee
E) 26 April 2005 Tripoli Anthony Layden - FCO + 1 attendee
F) 28 April 2005 Tripoli Anthony Layden - FCO + 2 attendees
G) June 2005 Tripoli + 2 attendees
H) 26 July 2005 Tripoli Mark Hope - Shell + 1 attendee
I) 21 March 2006 Location British Embassy Cairo Present HRH
Prince Wales Sir Derek Plumbly - FCO Zailul Rahim Mohamed Zain -
Shell
J) 13 February 2007 Location Tripoli Present : Vincent Fean - FCO
Mark Hope - Shell + 1 attendee
K) 3 October 2007 Location Unknown Present: David Miliband - FCO,
Malcolm Brindred - Shell
I can confirm the Foreign and Commonwealth Office does hold some information
falling under the terms of your request.
A copy of the releasable information is attached. We have no minutes or briefing for
items B, E, H, I, J & K listed above.
Some of the information held is exemption under Section 40: Personal Information of
the FOI Act. This exemption requires the public interest test to be applied.
Some of the data you requested on the meetings constitutes personal information
under Section 40 of the Act, the disclosure of which would contravene one of the
data protection principles. In such circumstances, Section 40 (2) and (3) of the FOIA
applies. In this case, our view is that disclosure would breach the first data
protection principle. This states that personal data should be processed fairly and
lawfully. It is the fairness aspect of this principle which, in our view, would be
breached by disclosure. In such circumstances, Section 40 confers an absolute
exemption on disclosure. Only the names of public figures have been included.
Section 27(1)(a) and (2) (International Relations) of the FOIA recognises the need to
protect information that would be likely to prejudice relations between the United
Kingdom and other states and/or relations between the UK and any international
organisation if it was disclosed. In this case, the release of information about
relations between the UK and Libya could harm our relations with Libya and the UK
relations with commercial partners. The application of s.27(1)(a) and (b) requires us
to consider the public interest test arguments in favour of releasing and withholding
the information.
We acknowledge that releasing information on this issue would increase public
knowledge about our relations with Libya and commercial partners. But s.27(1)(a)
recognises that the effective conduct of international relations depends upon
maintaining trust and confidence between governments and organisations. If the
United Kingdom does not maintain this trust and confidence, its ability to protect and
promote UK interests through international relations will be hampered, which will not
be in the public interest. The disclosure of information detailing our relationship with
the Libyan government and Shell could potentially damage the bilateral relationship
between the UK and Libya. We also considered under s27(1)(b) the impact
releasing the information would have on the effective conduct of international
relations in maintaining trust and confidence between Governments and international
organisations, in this case Shell. This relationship of trust allows for the free and
frank exchange of information on the understanding that it will be treated in
confidence. If the United Kingdom does not respect such confidences, its ability to
protect and promote UK interest through international relations will be prejudiced.
Shell may be more reluctant to share sensitive information with the United Kingdom
Government in future and may be less likely to respect the confidentiality of
information supplied by the United Kingdom Government, to the detriment of UK
interests. This would reduce the UK government's ability to protect and promote UK
interests which would not be in the public interest. For these reasons we consider
that the public interest in maintaining these exemptions outweighs the public interest
in disclosing it.
Some of the information is exempt under Section 43(2) of the Act, which relates to
commercial interests. There is a public interest in the disclosure of commercial
information to ensure effective, open and honest use of public money and the
scrutiny of public licensing in accordance with published policy and to provide an
environment where business can better respond to government opportunities.
However, we consider that this transparency also poses risks to the protection of
commercially confidential information, or information which if released, would harm
the commercial interests of any body, including the UK. This would limit the sources
of information and interlocutors available to the FCO. In doing so, it would seriously
impair our ability to work for UK interests in a safe, just and prosperous world. For
these reasons we consider that the public interest in maintaining this exemption
outweighs the public interest in disclosing it.
The information supplied to you continues to be protected by the Copyright, Designs
and Patents Act 1988. You are free to use it for your own purposes, including any
non commercial research you are doing and for the purposes of news reporting. Any
other reuse, for example commercial publication, would require the permission of the
copyright holder. Most documents supplied by the Foreign and Commonwealth
Office will have been produced by government officials and will be Crown Copyright.
You can find details on the arrangements for re-using Crown Copyright on the Office
of Public Sector Information (OPSI) Online at:
http://www.opsi.gov.uk/
Information you receive which is not subject to Crown Copyright continues to be
protected by the copyright of the person, or organisation, from which the information
originated. You must ensure that you gain their permission before reproducing any
third party (non Crown Copyright) information.
If you have any queries about this letter, please contact me. Please remember to
quote the reference number above in any future communications.
If you are unhappy with the service you have received in relation to your request and
wish to make a complaint or request and review of our decision, you should write to
the Information Rights Team. Please note any request for an internal review must be
submitted within 40 working days from the date our response was issued.
If you are not content with the outcome your complaint, you may apply directly to the
Information Commissioner for a decision. Generally, the ICO cannot make a decision
unless you have exhausted the complaints procedure provided by the Foreign &
Commonwealth Office. The Information Commissioner can be contacted at:
The Information Commissioner’s Office,
Wycliffe House,
Water Lane,
Wilmslow,
Cheshire
SK9 5AF.
Yours sincerely
Emily
Open Government Liaison Officer
North Africa Team
Data Protection Act 1998
The FCO processes personal data as notified to the Information Commissioner
(www.informationcommissioner.gov.uk) for the purpose of working for the UK's
interests in a safe, just and prosperous world. Such personal data may be shared
with other UK Government Departments and public authorities.
