1. Researching the Mozal aluminium smelter

2. Freedom of Information Act Gives you the right to request any recorded information held by a public body

3. 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

4. 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

5. 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

6. Absolute exemptions If any of these things apply, they do not have to release the information. Key ones:

7. 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

8. 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

9. Qualified exemptions Judgement made whether releasing information in the ‘public interest’. Exemptions include:

10. Qualified exemptions Judgement made whether releasing information in the ‘public interest’. Exemptions include: Prejudice commercial interests

11. Qualified exemptions Judgement made whether releasing information in the ‘public interest’. Exemptions include: Prejudice commercial interests Prejudice international relations

12. 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

13. 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)

14. Back to Mozal

15. 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

16. 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

17. 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

18. 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

19. Following the money

20. Other sources of information UN Comtrade database http://comtrade.un.org/db/ BHP Billiton Reports and Accounts http://www.bhpbilliton.com/home/investors/re ports/Documents/2008/financialResultsFy08. pdf (Page 29)

21. 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.

22. 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