Contract with Sparks

Summary

The Department for Enterprise released a redacted copy of the contract with Spark Impact for managing the Enterprise Development Scheme 2015. Personal data and specific commercial fee details were withheld under exemptions for data protection and economic interests.

Key Facts

• The contract is titled 'Agreement for the Management of the Enterprise Development Scheme 2015'.
• Personal names and addresses on pages 24, 33, and 42 were redacted as exempt personal data.
• Information regarding Scheme Management Fee, Exit Fee, and Maximum Investee Fee on pages 39-41 was withheld.
• Spark Impact's tender submission contained in the Appendix was also withheld.
• The Department determined that maintaining the exemption outweighed the public interest in disclosure to protect future tender competitiveness.

Data Disclosed

• 2017-11-30
• 2018-02-09
• 13 December 2017
• 9 February 2018
• IM1121601
• 50
• 1
• 24
• 33
• 42
• 39
• 40
• 41
• 2015
• 2002
• 2018

Exemptions Cited

• Section 25 of the Freedom of Information Act 2015 (Personal data)
• Data Protection Act 2002
• Section 30(2)(b) of the Freedom of Information Act 2015 (Economy and commercial interests)

Data Tables (1)

Full Response Text

Page 1 of 3

Our Ref: IM1121601

Date: 9 February 2018

Dear

REQUEST UNDER THE FREEDOM OF INFORMATION ACT 2015 (“the Act”)

Thank you for your request dated 13 December 2017. Your request You requested a copy of the contract between the Department for Enterprise and Spark Impact. Response to your request
Please find attached a copy of the contract, otherwise referred to as the “Agreement for the Management of the Enterprise Development Scheme 2015”. You will note that we have however withheld some of the information in the contract, on the following basis. The names of the individuals listed in pages 24, 33, and 33 of the agreement and signatures, names and a personal address on page 42 are redacted as it is absolutely exempt personal data under section 25 of the Act. The reason that we have withheld this information is that we consider disclosure of the information would be likely to contravene the Data Protection Act 2002. We consider the individuals would not have had the expectation of their names (and in one case home address details) being released at the time the information was created and that disclosure would be incompatible with the first data protection principle.

The following information has been withheld under section 30(2)(b) (“Economy and commercial interests”) of the Act:

On pages 39, 40 and 41 information on the Scheme Management Fee, the Exit Fee and the Maximum Investee Fee has been redacted. The tender submitted by Spark Impact that is contained in the Appendix is also withheld.

The reasons for withholding information under section 30(2)(b) are as follows:

Department for Enterprise Rheynn Gastid Dellal

Steven Tallach Freedom of Information Co-ordinator 1st Floor St Georges Court Upper Church Street Douglas Isle of Man IM1 1EX

Telephone: (01624) 685375 Website: www.gov.im/ded Email: steven.tallach@gov.im

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The Department for Enterprise conducted a tender exercise in order to identify a Scheme Manager for the Enterprise Development Scheme. Release of Spark Impact’s tender for this service could compromise the ability to effectively undertake another such tender exercise by allowing rival companies access to the information. This will adversely affect the Department’s ability to get the best value deal in future tender exercises. The same considerations apply to release of the information on the fees charged by Spark Impact under the Agreement.

Release of both the tender and fees information is also likely to harm the commercial interests of Spark Impact by enabling other businesses to underbid in any future tender exercise.

As section 30(2)(b) is a qualified exemption, it is subject to a public interest test. The public interest must be something that is of serious concern and benefit to the public at large.

In terms of the public interest test, the factors in favour of disclosure are:  accountability for the spending of public funds. Ensuring that public money is being used effectively and Departments are getting value for money when purchasing goods and services.

Factors in favour of maintaining the exemption are:  the need to protect the commercial interests of the private sector, which plays an important role in the general health of the economy;  enabling the Department to obtain value for money services;  releasing the amount paid may put the company off from bidding for work for the Department, and indeed may put other companies off from bidding for contracts if they know that the amounts they are paid will be released.

In assessing the weight to be attributed to each of the factors in favour of disclosing the information and maintaining the exemption, the Department has taken the following into consideration:  disclosure could severely impact on the Department’s and Spark Impact’s ability to be competitive in the market place which could have further ramifications by reducing the size and effectiveness of the market and those who are willing to provide such services to the Department;  the information is current and will be subject to a retendering exercise at some point in the future - disclosure could distort this;  the Department does not routinely publish such information.

In taking all of these factors into account the the Department determines that the factors in favour of maintaining the exemption outweigh the factors in favour of disclosing the information.

Your right to request a review If you are unhappy with this response to your Freedom of Information request, you may ask us to carry out an internal review of the response, by completing a complaint form and submitting it electronically or by delivery/post to me. An electronic version and paper version of our complaint form can be found by going to our website at www.gov.im/foireview.

Your review request should explain why you are dissatisfied with this response, and should be made as soon as practicable. We will respond as soon as the review has been concluded.
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If you are not satisfied with the result of the review, you then have the right to appeal to the Information Commissioner for a decision on; 1 Whether we have responded to your request for information in accordance with Part 2 of the Freedom of Information Act; or 2 Whether we are justified in refusing to give you the information requested.
In response to an application for review, the Information Commissioner may, at any time, attempt to resolve a matter by negotiation, conciliation, mediation or another form of alternative dispute resolution and will have regard to any outcome of this in making any subsequent decision. More detailed information on your rights to review is on the Information Commissioner’s website at www.inforights.im/ Should you have any queries concerning this letter, please do not hesitate to contact me. Further information about Freedom of Information requests can be found at www.gov.im/foi.

Yours sincerely

Steven Tallach Freedom of Information Co-ordinator