REQUEST BY MATT HUPFIELD RECEIVED ON 23 MARCH 2009

SUMMARY OF PUBLIC INTEREST TESTS under the FREEDOM OF INFORMATION ACT 2000

Section 36(2)(b) and (c)

Section 36(2)(b) is designed to protect information, the disclosure of which would, or would be likely to, inhibit:

Section 36(2)(c) is designed to protect information, the disclosure of which would otherwise prejudice, or would be likely otherwise to prejudice, the effective conduct of public affairs.

The exemption in section 36 is however subject to the public interest test which means that even where prejudice or likely prejudice can be demonstrated, it is still necessary to consider whether in all the circumstances of the case the public interest in withholding the information outweighs the public interest in disclosure.

The Department takes the view that it is not in the public interest for the full responses to be released. The paramount public interest lies in ensuring that the review process is an effective method of identifying the lessons that need to be learned as swiftly as possible, and this can only be done when participating professionals have the necessary space and assurance of confidentiality in order freely and frankly to provide advice and exchange views.

The Department is ultimately able to ensure, through the mechanism of publication of the report of the review, that generic lessons can be identified and learned, and that public interest and accountability are appropriately served.