Sunwick Farm Limited (Sunwick) requested from the Scottish Ministers (the Ministers) documentation relating to a Stage 1 Internal Review pursuant to the EU Agricultural Subsidies Appeals Procedure. The Ministers responded by providing some information, stating that they did not hold other information and arguing that certain of the information they held was exempt under section 30(b)(ii) of FOISA. Following a review, in which the Ministers upheld their original decision without amendment, Sunwick remained dissatisfied and applied to the Commissioner for a decision.
Following an investigation, the Commissioner found that the Ministers had partially failed to deal with Sunwick’s request for information in accordance with Part 1 of FOISA. He was satisfied that the Ministers were correct in their determination that certain information was not held, and also in applying section 36(1) to document 4, but found that they had been incorrect in their application of section 30(b)(ii) to the information in one document (as its release would not, and would not be likely to, substantially prejudice the free and frank exchange of views). He required the release of this document to the applicant.
Citations:
[2008] ScotIC 136 – 2008
Links:
Jurisdiction:
Scotland
Information
Updated: 22 July 2022; Ref: scu.434241