FOI request (FOIR-852073490)

I am writing to request information under the Freedom of Information Act 2000 regarding the management, recycling and disposal of polyolefin plastic waste within your authority.

Our interest relates specifically to Low-Density Polyethylene (LDPE), High-Density Polyethylene (HDPE) and Polypropylene (PP) arising from household, commercial or municipal waste streams managed by the council.

Please provide the following information:

1. Does the council currently collect, separate, recycle, recover, or otherwise manage:

• Low-Density Polyethylene (LDPE)
• High-Density Polyethylene (HDPE)
• Polypropylene (PP)

2. For each material, please confirm:

• Whether it is recycled.
• Whether it is processed as a separate stream or within mixed plastics.
• The final treatment route, where known (e.g. mechanical recycling, chemical recycling, energy recovery, landfill, refuse-derived fuel, export, or other recovery/disposal route).

3. Please provide the approximate tonnage of LDPE, HDPE and PP managed by the council during each of the last three financial years, where such information is held.

4. P‎lease identify the contractor(s) or organisation(s) responsible for the processing, recycling, recovery or disposal of these materials.

5. For each relevant contract or service agreement, please provide:

• Contractor name.
• Scope of services provided.
• Contract commencement date.
• Contract expiry date.
• Any available extension periods and whether they have been exercised.
• Estimated annual contract value, where held.

6. Where polyolefin materials are not currently recycled, please confirm:

• The current treatment or disposal route.
• Whether alternative recycling solutions have been considered within the last five years.
• Whether the council has any plans to procure alternative recycling or recovery services in the future.

7. Please provide details of any planned procurement exercises, market engagement activities, or contract renewal processes relating to plastic waste treatment, recycling, recovery or disposal that are expected within the next three years.

8. If available, please provide the name, department and contact details of the officer or team responsible for waste treatment and recycling procurement matters.

If any part of this information is already publicly available, please provide links or references to the relevant documents.

NOTICE OF REFUSAL

Parts of the information you have requested is commercially sensitive and falls under Section 43 of the Freedom of Information Act – Commercially Sensitive Information

Information prejudicing commercial interests – commercial interest relating to an organisations commercial activity and may include trading activity procurement and relationships with third parties.

The exemption afforded by Section 43 is subject to what is known as the ‘public interest test’.  When applying the test in a particular case a public authority is deciding whether the public interest is better served by non-disclosure than by disclosure. 

Although the Freedom of Information Act does not define ‘in the public interest’, there is a presumption under Freedom of Information that openness is in the public interest.  In applying the public interest test a public authority will take into account the distinction that has been often made by courts between things that are in the public interest, and things that merely interest the public.  Where applicants have not identified public interest considerations succinctly or accurately, the public authority has a responsibility under the Act to make their own assessment of the public interest considerations in the particular case.

We have identified the following public interest factors that may be seen as encouraging the disclosure of information:

a)    accountability of public spending

We consider these factors to be of limited relevance in relation to the information in question.

Public interest factors seen as encouraging non-disclosure are, generally, the exemptions themselves.   In consideration of this matter we came to the following conclusions:

a)   ensuring that companies are able to compete for business fairly

b)   damage to reputation and/or financial interests

In weighing the factors for and against disclosure we have concluded that the likely benefit to the applicant and the wider public of disclosure is outweighed by the likely prejudice caused by such disclosure and that therefore the public interest is better served by non-disclosure. 

For the reasons given above we will not be communicating to you the information you have requested.