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Legal advice given to West Berkshire Council Ref Library closures

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Dear Department for Culture, Media and Sport,

Please accept my application under the 2001 Freedom of Information Act for all communications (including paper or electronic documents, emails, records of telephone conversations and other relevant data,) between West Berkshire Council and the Department of Culture Media and Sport regarding the proposed closures of libraries in West Berkshire within the past twelve months.

Yours faithfully,

Steve Masters

Dear Department for Culture, Media and Sport,
I am still awaiting a response from you regarding my request for all legal advice given to West Berkshire council Ref Library closures.

I look forward to you response.

Yours faithfully,

Steve Masters

FOI Mailbox,

Thank you for your email which is now being dealt with by the Freedom of
Information Team at the Department for Culture, Media and Sport. 
You will receive a response to your information request within 20 working
days of receipt.
  

FOI Mailbox,

Dear Mr Masters,

Thank you for your information request of 1 May 2016 regarding
communications between the Department for Culture, Media and Sport and
West Berkshire Council and the proposal to close libraries in West
Berkshire. 

We are dealing with your request under the Freedom of Information Act 2000
(the Act).  

We can confirm that DCMS holds information within the scope of your request. However, we have determined
that some of this information may be exempt from release under section 35
(Formulation of government policy) of the Act. This is a qualified
exemption and, as such, it is necessary to carry out a public interest
test to consider whether, in all the circumstances of the case, the public
interest in maintaining the exemption outweighs the public interest in
disclosing the information.

By virtue of section 10(3) of the Act, where public authorities have to carry out a public interest test, they do
not have to comply with the request until such time as is reasonable in
the circumstances. Due to the need to consider where the balance of the
public interest lies in relation to the information that you have
requested, the Department will not be able to respond to your request
immediately. However, we hope to let you have a substantive response to
your request by 29 June 2016.

 

 

Yours Sincerely,

FOI Team

FOI Mailbox,

1 Attachment

Dear Mr Masters,

Thank you for your information request of 1 May 2016 where you asked for
the following information:

“… all communications (including paper or electronic documents, emails,
records of telephone conversations and other relevant data,) between West
Berkshire Council and the Department of Culture Media and Sport regarding
the proposed closures of libraries in West Berkshire within the past
twelve months.”

I have dealt with your request under the Freedom of Information Act 2000
(the Act). 

Our e-mail to you of 1 June 2016 informed you that we were considering the
public interest test to determine whether the information you requested
should be exempt from disclosure under section 35 (formulation of
government policy) of the FOI Act.  

I can confirm we have now concluded the public interest test and the
department has decided to release some of the information you are seeking,
which you will find attached.  Please note that we have now decided to
redact and withhold some information under section 35 (1) (a) (formulation
of government policy) and section 40 (personal information) of the Act.
Section 40 is an absolute exemption and therefore does not require a
public interest test.

The information which has been withheld under section 35 (1) (a) is
because it relates to the formulation or development of government
policy. 

Section 35 is a qualified exemption and I have considered whether the
balance of the public interest favours release of some of this material. 
In favour of disclosure, we realise that the substance of the information
may relate to a matter of public importance about which public debate
could be informed by its disclosure.  Furthermore, we consider that
greater transparency makes government more accountable to the electorate
and increases trust. 

However, arguments against disclosure include the fact that officials need
space in which to develop their thinking and explore different options in
communications and discussions and the exchanges surrounding the proposed
closure to libraries in West Berkshire relate to the ongoing development
of policy.  Good government depends on good decision making and this needs
to be based on the best advice available and a full consideration of all
the options - there may be a deterrent effect in providing advice because
it might be disclosed.

Taking into account all the circumstances of this case, I have concluded
the balance of the public interest test favours withholding this
information.

 

Yours sincerely,

Freedom of Information Team

 

Department for Culture, Media & Sport

4th floor, 100 Parliament Street

London SW1A 2BQ

 

[1]www.gov.uk/dcms

 

Complaints and comments

As is customary in our replies, I would like to explain that if you are
dissatisfied with any aspect of our response to your request for
information and/or wish to appeal against information being withheld from
you please send full details within two calendar months of the date of
this email to:  [2][email address]

You have the right to ask the Information Commissioner (ICO) to
investigate any aspect of your complaint. Please note that the ICO is
likely to expect internal complaints procedures to have been exhausted
before beginning his investigation.

References

Visible links
1. http://www.gov.uk/dcms
2. mailto:[email address]

We don't know whether the most recent response to this request contains information or not – if you are Steve Masters please sign in and let everyone know.