Dear Capital for Enterprise Limited,

From Part 3(x) (page 23) of the document "Enterprise Capital Funds,
Guidance for Prospective Managers, March 2009"

http://www.capitalforenterprise.gov.uk/f...

"The Government is additionally interested in the impact of ECFs
upon equity gap investments into SMEs. Therefore the ECF will be
expected to provide some additional reporting on SMEs seeking
investment... A business seeking investment from an ECF will be
required to provide the ECF with an Investee Summary Sheet
containing: Company Name, Company Postcode, Management Team,
Companies House Company Registration Number... etc.

"...Information relating to specific funds or businesses will be
passed to external parties only where required by law..."

Under the Freedom of Information Act 2000 law, please may I be
sent:

* copies of all the "Investee Summary Sheets" received by the
government and its wholly owned subsidiary CfEL so far, and

* a copy of the master spreadsheet or database into which
information from these sheets is keyed in.

In the event that you consider this information is exempt under
Section 41 (Information provided in confidence), you will need to
explain how this information can be confidential if much of it is
disclosed under companies law. I will also require evidence that
legal action could be taken against you if this information were
disclosed. If this evidence is in the form of a legally-binding
contracts signed with the businesses concerned, I will require
information as to why such assurances were considered strictly
necessary for the conduct of CfEL's mandate.

In the event that you consider Section 43 (Commercial interests)
engaged, you will need to explain how the disclosure of details
from the Investor Summary Sheets threatens loans made by
organizations who are already party to this information, and why it
should be in the public interest for (a) other competitors not to
be aware of the effects and opportunities for government
intervention in their market, and (b) the public to know which
industries are being supported by the government through this
regime and by how much.

Yours faithfully,

Julian Todd

BIS ref: 09/1879

Dear Mr Todd,

Thank you for your request for information which we have received in the
Department of Business, Innovation and Skills. Your request has been
passed on to the appropriate official to deal with.

Best wishes,
Kay

Kay Wilson | Freedom of Information Advisor | Information Rights Unit |
Department for Business, Innovation & Skills | Bay 351, 66-74 Victoria
Street, London, SW1E 6SW | www.bis.gov.uk
The Department for Business, Innovation & Skills (BIS) is building a
dynamic and competitive UK economy by creating the conditions for
business success; promoting innovation, enterprise and science; and
giving everyone the skills and opportunities to succeed. To achieve this
we will foster world-class universities and promote an open global
economy. BIS - Investing in our future

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Dear FOI Requests,

BIS ref: 09/1879

On 6 December 2009 I sent a Freedom of Information Request for
copies of all the Investee Summary Sheets provided by all
businesses seeking investment.

A response was due yesterday (7 January 2010).

Can you advise me of the progress so far?

Yours sincerely,

Julian Todd

FOR THE ATTENTION OF JULIAN TODD

Dear Mr Todd,

FOI Request: 09/1879

Thank you for your email of 6th December to Capital for Enterprise
Limited,where you requested information about Investee Summary Sheets
received by the government and its wholly owned subsidiary Capital for
Enterprise Limited (CfEL). As CfEL is an NDPB sponsored by the
Department for Business, Innovation and Skills(BIS) you request has been
passed to me for a response.

CfEL do hold information falling within the terms of your request,
however we need more time to consider your request.

I wish to advise you that the exemption under section 43 of the Freedom
of Information Act applies to the information that you have requested.

By virtue of section 10 (3), where public authorities have to consider
the balance of the public interest in relation to a request, they do not
have to comply with the request until such time as is reasonable in the
circumstances.

The Department for Business, Innovation and Skills has not yet reached a
decision on the balance of the public interest. Due to the need to
consider, in all the circumstances of the case, where the balance of the
public interest lies in relation to the information that you have
requested, the Department will not be able to respond to your request in
full within 20 working days.

I hope to let you have a response by 22nd January 2010.

Yours sincerely,

Marie Tindall | Enterprise Directorate| Department for Business,
Innovation and Skills | Level 2 St Mary's House, 9-11 London Road,
Sheffield, S2 4LA

Marie Tindall | Enterprise Directorate| Department for Business,
Innovation and Skills | Level 2 St Mary's House, 9-11 London Road,
Sheffield, S2 4LA

Telephone 0114 279 4395 | [mobile number]

The Department for Business, Innovation and Skills (BIS) is building a
dynamic and competitive UK economy by:

creating the conditions for business success
promoting innovation, enterprise and science; and
giving everyone the skills and opportunities to succeed.
To achieve this we will foster world-class universities and promote an
open global economy.
BIS - Investing in our future

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Julian Todd (by e mail)

[email address]

Ref No: 09/1879

21^st January 2010

Dear Julian

Thank you for your email of 6 December 2009 where you requested:

`Copies of all the `Investee Summary Sheets' from SMEs seeking investment
from an Enterprise Capital Fund (ECF), received by the government and its
wholly owned subsidiary CfEL, and, a copy of the master spreadsheet or
database into which information from these sheets is keyed in. `

CfEL is a Non Departmental Body sponsored by the Department and therefore
you request has been passed to me for a reply.

I can confirm that Capital for Enterprise Limited (CfEL) holds the
`Investee Summary Sheets' for SMEs seeking ECF investment on behalf of
BIS. This information is exempt under section 43 of the Freedom of
Information Act and is therefore being withheld.

The use of Section 43 is subject to a public interest test. In this
context, we recognise that there is a general public interest in the
disclosure of information, as greater transparency makes Government more
accountable. Against this there is a public interest in ensuring that the
commercial interests of external businesses are not damaged or undermined
by disclosure of information which is not common knowledge and which could
adversely impact on future business. The investee summary sheets contain
company information which has been provided in confidence, and we consider
the disclosure of this information could damage the commercial interests
of the companies involved and through them the investors in the ECF
funds. Although some of the information would be in the Companies House
registration, there are some details of the companies' commercial plans,
along with the additional knowledge that they are seeking investment which
would not otherwise be available to competitors.

In addition the Department's own commercial interests could be damaged as
disclosure could damage out business reputation and the confidence out
customers have in us, making them reluctant to provide us with commercial
sensitive information in the future. In this case, we consider that the
public interest in favour of disclosing such information is outweighed by
the necessity to protect the commercial interests of third parties.

Having considered the public interest, the Department's decision is
therefore to withhold the information.

I note that you are concerned that the competitors of the companies that
receive ECF funds should be aware of "the government intervention in their
market' and that that the public should be aware of the support being
offered through this scheme. Information about ECFs is available on the
BIS and CFEL websites ( [1]http://www.capitalforenterprise.gov.uk/.
[2]http://www.berr.gov.uk/whatwedo/enterpri...
there are also links from Business Link website. The BIS site includes
details of the fund managers running the schemes and the CFEL website has
details of the numbers of companies invested in, their sector and region.

If you are dissatisfied with the handling of your request, you have the
right to ask for an internal review. Internal review requests should be
submitted within two months of the date of receipt of the response to your
original letter and should be addressed to Marie Tindall.

Please remember to quote the reference number above in any future
communications.

If you are not content with the outcome of the internal review, you have
the right to apply directly to the Information Commissioner for a
decision. The Information Commissioner can be contacted at: Information
Commissioner's Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9
5AF

Yours sincerely,

sent on behalf of

MARIE TINDALL

ENTERPRISE DIRECTORATE

BIS

[3][email address]

Contact 0114 279 4395

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Communications via the GSi may be automatically logged, monitored and/or
recorded for legal purposes.

References

Visible links
1. http://www.capitalforenterprise.gov.uk/
http://www.capitalforenterprise.gov.uk/
2. http://www.berr.gov.uk/whatwedo/enterpri...
http://www.berr.gov.uk/whatwedo/enterpri...
3. mailto:[email address]
mailto:[email address]

Dear Capital for Enterprise Limited,

Thank you for your response today to my 6 December Freedom of
Information Request for copies of all Investee Summary Sheets
received by the CfEL, as well as a copy of the master spreadsheet
or database into which information from these sheets is keyed in.

Unfortunately I was advised that the Section 43 (Commercial
interests) exemption has been applied to the Investor Summary
Sheets on the basis that they contained information and commercial
plans whose disclosure would damage the commercial interests of the
companies involved (although some of this information would be
available at Companies House).

Also, no comment was made about the existence of a master
spreadsheet or database in which the information from all these
Investor Summary Sheets could have been gathered.

I strongly believe that -- at the very least -- a partial
disclosure of the information I have requested is due. For example,
the release of a combined database of information from all Summary
Sheets, but with the names of the companies redacted. This would
provide an account for the scale and timing of the government
investments in the economy, without infringing on any known
commercial interests.

I also believe that not every Investor Summary Sheet in your
possession should be considered exempt. For example, any company
traded on the stock market should have its Summary Sheet disclosed
in the public interest, especially if the alleged commercial harm
would lead private investors to reconsider their investments in a
company in which they could lose all their money.

Finally, assuming that the Section 43 exemption continues to apply,
can you point to me any available evidence (historical or
otherwise) that could persuade me that this supposition is not
wholly a matter of personal opinion?

Please consider this letter as a request for an internal review.

Yours faithfully,

Julian Todd

BIS ref: IR/09/1879
Dear Mr Todd,
Thank you for your request for an Internal Review which was received on 21
January. Your request has been passed on to the appropriate official to
deal with.

Best wishes,
Kay

Kay Wilson | Freedom of Information Advisor | Information Rights Unit |
Department for Business, Innovation & Skills | Bay 351, 66-74 Victoria
Street, London, SW1E 6SW | [1]www.bis.gov.uk

The Department for Business, Innovation & Skills (BIS) is building a
dynamic and competitive UK economy by creating the conditions for business
success; promoting innovation, enterprise and science; and giving everyone
the skills and opportunities to succeed. To achieve this we will foster
world-class universities and promote an open global economy. BIS -
Investing in our future

show quoted sections

Communications via the GSi may be automatically logged, monitored and/or
recorded for legal purposes.

References

Visible links
1. http://www.bis.gov.uk/

for the Attention of Julian Todd

Case reference : IR/09/1879
(Please remember to quote the reference number above in any future
communications)

Dear Julian

I refer to your e mail of 21 January 2010 to Capital for Enterprise
Limited (CfEL) requesting an Internal Review of the response to your
Freedom of Information Request for copies of all investee summary sheets
for the ECF programme received by CfEL.

CfEL is a Non Departmental Body sponsored by the Department for
Business, Innovation and Skills (BIS) and therefore this request has
been passed to the Department for a reply.

This case has raised some complex public interest considerations, and
therefore will take longer than the twenty days BIS normally allows for
Internal Reviews.

We aim to respond to you as soon as the Internal Review is completed,
and anticipate this to be by 19th March 2010 at the latest.

Please do not hesitate to get in touch with me direct at my e mail
address below if you have any queries.

Kind Regards

MARIE TINDALL
ENTERPRISE DIRECTORATE BIS

email:- [email address]

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