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Any emailspaperwork, for or on behalf of Damien OBrien (CEO

By Gilbert Mills,2014-11-25 08:37
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Any emailspaperwork, for or on behalf of Damien OBrien (CEO

ATISN 4212 Powys Fadog Ken Cook

    Annex 1 28 July 2010

Item Item date Description Reason

    number information

    withheld ( if any)

    001 6 Jan 2009 Email to KC re Powys Fadog Section 31 Law

    Enforcement

    002 28 January Email to KC re DFM-00076-Section 31 Law

    2009 09 River Lodge, Llangollen Enforcement

    003 24 March Email KC, Powys Fadog Enclosed, however

    2009 redacted

    information not

    relevant to the

    request and under

    Section 40(2)

    004 31 March Email to KC re contact details Enclosed, however

    2009 redacted

    information not

    relevant to the

    request and under

    Section 40(2)

    005 31 March Email from KC re Powys Enclosed, however

    2009 Fadog Community redacted

    Development Centre information not

     relevant to the

    request and under

    Section 40(2)

    006 31 March Email from KC and draft PF Enclosed, however

    2009 rejection letter redacted

    information not

    relevant to the

    request

    007 2 April 2009 Email from KC re Powys Enclosed, however

    Fadog deselection redacted

    information not

    relevant to the

    request and under

    Section 40(2)

    008 22 Apr 2009 Email to KC re Enclosed, however

    DFM/00663/09 Powys Fadog redacted

    information not

    relevant to the

    request and under

    Section 40(2)

    009 22 April 2009 Email to KC re Powys Fadog Enclosed, however

    redacted

    information not

    relevant to the

    request

    010 22 Apr 2009 Email to KC re Enclosed, however

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ATISN 4212 Powys Fadog Ken Cook

    DFM/00663/09 redacted

    information not

    relevant to the

    request and under

    Section 40(2)

    011 28 April 2009 Email to KC re Powys Fadog Enclosed, however

     draft brief for your redacted

    consideration, please information and

    attachments which

    are not relevant to

    the request

    012 29 May 2009 Email to KC Powys Fadog Section 42 Legal

    CDC Legal Advice Restricted Privilege

    013 9 June 2009 Email from KC re Powys Enclosed, however

    Fadog meeting redacted

    information not

    relevant to the

    request and under

    Section 40(2)

    014 11 June Email from KC Powys Fadog Section 42 Legal

    2009 Legal Advice Restricted Privilege

    015 12 June Email from KC re Powys Enclosed, however

    2009 Fadog briefing redacted

    information not

    relevant to the

    request

    016 18 June Email from KC re River Enclosed, however

    2009 Lodge MB Powys Fadog redacted

    information not

    relevant to the

    request

    017 25 June Email from KC re Powys Enclosed, however

    2009 Fadog redacted

    information not

    relevant to the

    request

    018 10 Aug 2009 Email from KC re Powys Enclosed, however

    Fadog redacted

    information not

    relevant to the

    request

    019 21 Aug 2009 Email from KC re Canolfan Enclosed, however

    Powys Fadog redacted

    information not

    relevant to the

    request

    020 23 Sept Email from KC re Powys Enclosed, however

    2009 Fadog redacted

    information not

    relevant to the

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ATISN 4212 Powys Fadog Ken Cook

    request

    021 28 Sept Email to KC re Powys Fadog Enclosed, however

    2009 redacted

    information not

    relevant to the

    request

    022 30 Oct 2009 Email to KC re Powys Fadog Enclosed, however

     redacted

    information not

    relevant to the

    request

    023 29 Apr 2010 Email to KC re docs held for Section 21

    FOI request 4208 information

    available by other

    means

    Our deliberations on the application of exemptions to the disclosure of information are provided below.

Exemptions

    The following exemptions have been considered against the information requested:

    ; Section 21 Information Accessible by other means

    ; Section 31 (2) (b) Law Enforcement

    ; Section 40 (2) Personal data exempt from disclosure; and

    ; Section 42 Legal Professional Privilege

    Section 21: Information accessible to applicant by other means. Section 21 applies to information that is already reasonably accessible to the applicant. We are aware that this information was recently released in reply to a recent access to information request and is available via the disclosure log on the Assembly Government’s website

    (http://wales.gov.uk/publications/accessinfo/disclosurelogs/?lang=en).

31 Law Enforcement (2) (b)

    Section 31(2) (b) of the Freedom of Information (FoI) Act provides a basis for exempting information from disclosure where disclosure would affect an activity for “the purpose of ascertaining whether any person is responsible for any conduct which is improper”. It is considered that disclosure in this case

    would affect the Assembly Government's ability, and possibly the ability of other bodies, to investigate these matters in relation to a person(s). This exemption is subject to the substantial harm test under the Assembly’ Governments Code of Practice on Access to Information. It is considered that the prejudice described would be likely to cause substantial harm to the Assembly Government's ability, and possibly the ability of other bodies, to investigate these matters in relation to a person(s). The exemption is also

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ATISN 4212 Powys Fadog Ken Cook

    subject to the public interest test under the Act. We have identified that reasons why disclosure would be in the public interest include:

    ; Disclosure would be likely to enable the public to have a better

    understanding of the matters investigated in this case which relate to the

    appropriate use of public money.

    ; Disclosure would be likely to enable the public to better understand the

    approach taken in investigations of the type associated with this case.

    We have also identified that the reasons why disclosure would not be in the public interest include:

    ; Disclosure would be likely to lead to people in future being less prepared

    to so openly take part in investigations of this type which would lead to

    investigations being less well informed and, therefore, less likely to identify

    and address pertinent issues. It is in the public’s interest for a body to

    carry out the most effective investigations possible in order to for matters

    to be considered thoroughly.

    ; Disclosure would be likely to lead to any investigations ongoing, and any

    undertaken in the future, relating to these matters to be inhibited by people

    focusing on the matters covered in any information disclosed rather than

    matters which bodies at the time are trying to focus on.

    Whilst we recognise that there is a genuine public interest in the public having access to the information to show that the spending of substantial amounts of public funds are being properly controlled, this public interest argument is met by the “Contract of Confidence” rating issued by DG REGIO for the

    management of Structural Fund programmes in Wales.

    We believe that release of information would cause substantial harm or be likely to prejudice the Assembly Government’s ability for to effectively

    investigating and taking action against improper conduct.

    In this instance, we believe that the release of this information would have a substantial negative impact on the functions of the Welsh Assembly Government in ensuring robust systems are in place for its management of public funds.

Section 40 (2) Personal data exempt from disclosure.

    Information constituting the personal data of third parties is considered to be exempt under Section 40(2) of the FoI Act on the basis that disclosure would breach the first principle set out in Schedule 1 of the Data Protection Act 1998 (DPA). The first data protection principle requires that processing of personal data must be fair and lawful and, in particular, that it should not be processed unless one of the conditions set out in Schedule 2 of the DPA is met. As the individuals concerned would have a reasonable expectation that their

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ATISN 4212 Powys Fadog Ken Cook

    information relating to the investigation of these matters would be treated in confidence, it is our view that, in the absence of their consent being provided for their data to be disclosed, disclosure would be unfair within the meaning of the first data protection principle

Section 42 - Legal Professional Privilege

    Section 42 of the FoI Act is applicable to information in respect of which a claim to legal professional privilege could be maintained. The exemption is subject to a substantial harm test under the Assembly Government’s Code of Practice on Access to Information and a public interest test under the FoI Act.

    The Assembly Government is of the firm view that it is highly important to maintain legal professional privilege and that, in the absence of at least equally strong countervailing considerations, any attempt to undermine the principle of legal professional privilege would result in substantial harm. In terms of the public interest test, we recognise that there is a public interest in individuals being able to exercise their rights under the FoI Act to enhance their understanding of the reasons for decisions taken by a public body and that there is an inherent public interest in ensuring that public authorities are transparent in the decisions they make. However, there is a need for reasonable certainty relating to confidentiality and without this the quality of legal advice may not be as full and frank as it ought to be. There is a strong public interest in legal advice being as complete as possible and the public interest is considered to fall in favour of withholding the legal advice in this case.

Conclusion

    In summary, it is considered that the exemptions that apply to this request are:

Freedom of Information Act 2000

    Section 21 Information Accessible by other means

    Section 31 (2) (b) Law Enforcement

    Section 40 (2) Personal data exempt from disclosure; and

    Section 42 - Legal Professional Privilege

    Section 21 applies to some information captured under a recent access to information request and is available via the disclosure log on the Assembly Government’s website.

    We believe that release of information regarding the grant funding appraisal would cause substantial harm to the principle that section 31(2) (b) of the Freedom of Information Act is seeking to protect. The exemption is geared to protect the interests of any administration in the UK where the disclosure of information would, or be likely to, prejudice that organisation’s ability to engage in future investigatory activities. In this instance, we believe that the release of this information would have a negative impact on the functional interests of the Welsh Assembly Government and long-term cost to the taxpayer.

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ATISN 4212 Powys Fadog Ken Cook

    We consider that the legitimate interest shown in seeking this information does not outweigh the rights and freedoms and legitimate interests of the data subjects in the form of the release of individual names. Therefore, we have redacted third party personal data under Section 40(2) of the FoI Act.

    We have withheld some information captured by this request under Section 42 of the FOI Act as we believe that any attempt to undermine the principle of legal professional privilege would result in substantial harm. Whilst we recognise that there is a public interest in individuals being able to enhance their understanding of the reasons for decisions taken by a public body and, there is also need for reasonable certainty relating to confidentiality of legal advice. We have concluded that the public interest is considered to fall in favour of withholding the legal advice in this case.

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