List of SMART Scotland Projects Submitted in 2019-2020: FOI release (reference 4850)

27 October 2020

12 November 2020

Could you please post a list of SMART: Scotland projects submitted in 2019-2020, indicating which ones have already been funded and when the remaining approved projects will receive funds.

We confirm that we hold information on SMART Scotland applications, however these are submitted to Scottish Enterprise on a commercial in confidence basis, and as such this information has been withheld under section 33(1)(b) - commercial interests. This section allows information to be withheld where its disclosure under the Act would, or would be likely to, prejudice substantially the commercial interests of any person (including, without prejudice to that generality, a Scottish public authority). The public interest test and harm test are provided below.

Section 33(1)(b) - commercial interests

This section allows information to be withheld where its disclosure under the Act would, or would be likely to, prejudice substantially the commercial interests of any person (including, without prejudice to that generality, a Scottish public authority). Release of information regarding funding applications would have the result of causing real, significant and substantial prejudice to the parties involved.

Harm test – substantial prejudice

Release of the information would reveal aspects of the applicant companies' current position and future plans to the public, which would have a negative commercial impact. This is particularly relevant to innovation projects and research & development initiatives, as public knowledge of their existence would remove any advantage that could be sought from bringing these innovations to a competitive marketplace.

The SMART:SCOTLAND grant is a research and development (R&D) grant that aims to support high risk, highly ambitious projects. It covers two key areas of R&D: conducting feasibility tests and developing prototypes. It is therefore our view that disclosure of application information would cause the company’s real, significant and substantial prejudice.

The public interest test

We recognise that there is a public interest in decision-making processes within public authorities being as open and transparent as is possible. We also recognise that making certain information available can increase the accountability of public authorities for decisions that are made that may have an impact on the wider public, and in particular, the expenditure of public money by SE.

However, balanced against these considerations, there is also a public interest in ensuring regard is given to the protection of commercial interests which would be diminished by the release of the requested information. We consider that there is no public interest or benefit in releasing information which could have an adverse effect on the commercial interests of third parties. Allowing parties to maintain confidentiality in their commercial positions for prospective transactions is important to support the proper and efficient operation of free markets, which is of serious concern and benefit to the public.

As such we consider that the public interest also favours the withholding of this information. On balance, we have concluded that, in respect of the commercially sensitive information requested, the public interest is better served in withholding the information.