researching the mozal aluminium smelter. freedom of information act gives you the right to request...
TRANSCRIPT
Researching the Mozal aluminium smelter
Freedom of Information Act
• Gives you the right to request any recorded information held by a public body
Freedom of Information Act
• Gives you the right to request any recorded information held by a public body
• This does not include requesting information from a private company receiving public money or carrying out public services
Freedom of Information Act
• Gives you the right to request any recorded information held by a public body
• This does not include requesting information from a private company receiving public money or carrying out public services
• But it does include asking for information held by public bodies about private companies
Freedom of Information Act
• Submit a request in writing• They are meant to respond within 20 working
days either with the information, or saying why they will not disclose the information
Absolute exemptions
If any of these things apply, they do not have to release the information. Key ones:
Absolute exemptions
If any of these things apply, they do not have to release the information. Key ones:
• Would take more than 3.5 days of someone’s time to find and retrieve the information– So need to make the request very targeted
Absolute exemptions
If any of these things apply, they do not have to release the information. Key ones:
• Would take more than 3.5 days of someone’s time to find and retrieve the information– So need to make the request very targeted
• Others include security matters, contained in court records, breaches data protection act
Qualified exemptions
Judgement made whether releasing information in the ‘public interest’. Exemptions include:
Qualified exemptions
Judgement made whether releasing information in the ‘public interest’. Exemptions include:
• Prejudice commercial interests
Qualified exemptions
Judgement made whether releasing information in the ‘public interest’. Exemptions include:
• Prejudice commercial interests• Prejudice international relations
Qualified exemptions
Judgement made whether releasing information in the ‘public interest’. Exemptions include:
• Prejudice commercial interests• Prejudice international relations• Prejudice the economic interests of the UK
Appeals
If they refuse to release the information, you first have to appeal to the same public body.
If they still don’t release the information, you can then appeal to the Information Commissioner
Information Commissioner can look at information, and order it to be released. Ministers can still veto it (been used six times since 2005, eg, Iraq Cabinet Minutes, NHS Risk Register)
Back to Mozal
Documents released showed that
Exempt from virtually all taxes in Mozambique
Price paid for electricity (this was redacted in some places, but they forgot to redact in others)
Financial information on the structure of loans
BHP Billiton’s expected rate of profit
CDC FOI requests
Over the course of three requests, showed made an average interest rate return of 15.6% out of Mozal
Extrapolation – made similar requests of other public investors such as World Bank, German government. They refused to provide same level of information, so assumed they made money at the same rate as CDC
Multiple FOI requests
Making requests with the aim of finding out what to make requests for is a key technique. Eg:- Ask for list of meetings between government ministers and particular companies- Then ask for minutes of most interesting looking meetings
Is also a way of getting round the time block
Other FOI regimes
EU – EU citizens have right to access all EU documents. Again, there are exemptions to prevent release of some info.
Mozal – found out that EIB was getting some of the Mozambique government’s profit
US – like the UK Act, US Act can be used by any person, don’t have to be a citizen
Following the money
Other sources of information
UN Comtrade database
http://comtrade.un.org/db/
BHP Billiton Reports and Accounts
http://www.bhpbilliton.com/home/investors/reports/Documents/2008/financialResultsFy08.pdf
(Page 29)
Corporate profit
Extrapolation: Knew BHP Billiton profit, based estimates of other shareholders profits on this ratio
Extrapolation: Need evidence to justify. But can enable you to say ‘This is what we estimate, you tell us the true figure’.
But – defamation.
Mozal summary• Half the investment for a factory was from the
public sector• The factory also received subsidised
electricity taking resources from elsewhere• Yet it pays virtually no tax• Provides few jobs• Whilst making large profits for the investors