37 Fitzroy Street - Scientology rates relief?

See also http://www.whatdotheyknow.com/request/68...

Camden considered this FOI request together with this other one:

http://www.whatdotheyknow.com/request/68...

and the outcome of the internal review was:

Date: 28 September 2010

Ref: RFI 6511284 and RFI 6557079

Enquiries: Peter Swingler

E-Mail: [email address]

William Thackeray

[FOI #44898 email]

Dear William Thackeray

Freedom of Information Act 2000 - Request for Information about Scientology Rates exemption (?) in respect of 68 Tottenham Court Road and 37 Fitzroy Street - Application for Internal Review

I refer to our acknowledgement email dated 2 September 2010. The Panel notes that you have made two related requests for information (17 August 2010 and 26 August 2010) and so has chosen to deal with both together.

We have considered your appeal against the decision in relation to your request for access to information pursuant to the Freedom of Information Act 2000. We have also considered information from the Access to Information Office in Camden, the Finance department and Camden's legal Services regarding the Council's initial response to your request.

Our decision is that your appeal is unsuccessful.

The Panel has noted that the reasons you give for requesting an internal review involve you questioning the application of an exemption under Section 31 of the Freedom of Information Act. You question the public interest arguments for withholding the information you have requested.

The Panel has looked back at your initial request for information, as well as the Refusal Notice issued by Lesley Pigott dated 1 September 2010, before coming to a view on the merit of your appeal.

The first part of your initial request was to seek details of any application for mandatory of discretionary relief from non-domestic rates which have been made (or which continues to apply) at any time over the past five years, in respect of the Church of Scientology's occupation of premises at 68 Tottenham Court Road and 37 Fitzroy Street.

The Panel considers that it would be in accordance with the general principles of the Freedom of Information Act, to allow a partial answer to the first part of your request for information. The Panel confirms that the organisation concerned has at one time made an application for mandatory relief from non-domestic rates. Consequently all of the information you have requested is information held by the Council.

The Panel then went on to consider whether any of the information held by the Council might be released to you. However the Panel is minded that owing to ongoing investigations into the assessment and collection of tax the Council should not release any of the information to you at this time.

The Panel confirms to you that all of the information held is subject to a qualified exemption under Section 31: Law Enforcement. In addition, in relation to some of the information held, namely information relating to the reasons for the Council's decisions, are subject to an additional qualified exemption under Section 42: Legal Professional Privilege.

The Panel agrees with the previous reasons set out in the reply of 1 September 2010, namely an exemption applies under Section 31 (1) (d) of the Freedom of Information Act because releasing the information would, or would be likely to, prejudice the assessment or collection of tax or duty or of imposition of a similar nature.

Any exemption under sections 31 and 42 are both subject to the public interest test. The Panel therefore has weighed the public interest arguments for releasing or withholding the information.

The public interest argument for releasing the information would be to show accountability for the actions of the Council and its officers

The public interest arguments for withholding the information are:

*

It would prejudice on going investigations relating to the administration of justice, which could subsequently pre-empt the outcome of these investigations.
*

Releasing the information may prejudice the security of the Council's investigation procedures meaning that the Council's regulatory activities are undermined and the Council may also be facilitating access to otherwise confidential information.

In the Panel's opinion, the same arguments relating to public interest apply to Section 31 and Section 42 of the Freedom of Information Act.

The Panel considers that the public interest in withholding the information held by the Council outweighs the public interest in releasing it, at this point in time.

For all the above reasons, this reply constitutes a Refusal Notice under the Freedom of Information Act.

You include in your application for review communication a further request for details of Court and parties involved, where the matter is `sub-judice'. The Panel confirms that such information might be disclosed in due course once any Court proceedings commenced.

If you are not satisfied with the manner in which your appeal was handled you should contact the Information Commissioner within two months of receiving this letter. The Information Commissioner will not consider complaints outside of this timeframe, except under exceptional circumstances. He can be contacted at the Information Commissioner's Office Wycliffe House, Water Lane, Wilmslow, Cheshire. SK9 5AF.
Telephone: 01625 545 700
www.ico.gov.uk

Yours sincerely

Peter Swingler

On behalf of the Internal Review Panel

FOI Act

LB of Camden

28/9/10

3

Referred to ICO 28 Sept 2010.

http://www.private-eye.co.uk/sections.ph...