Executive and Central Advisory Division
Stormont Castle
Stormont Estate
BELFAST BT4 3TT
Tel: 028 90378022
Email: xxxxxx.xxxxxxxx@xxxxxxxxxxxxxxxxxx.xxx.xx
xxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxxxxx.xxx
Our Ref:
FOI TEO 2020 - 0012
Date:
2 April 2020
Dear Mr Dowds
Freedom of Information Act 2000 I refer to your request which we received on 14 March 2020 to provide minutes of the
last thirty days of Executive meetings and wish to advise you that this information
cannot be disclosed.
The information you requested is being withheld as it falls under the terms of the
exemption in Section 35(1) (a) of the Freedom of Information Act as it relates to
formulation or development of government policy.
In applying this exemption, we have had to balance the public interest in withholding
this information against the public interest in disclosing it. The factors we considered
when deciding where the public interest lay are explained below.
Arguments in favour of disclosing the information
There is a presumption of a general public interest in disclosure.
Disclosure would provide greater transparency and accountability and increased
levels of public interest and trust in the policy development process. There is also a
public interest in being able to participate in the decision-making process, to assess
the quality of the decisions taken and to understand the extent to which various
factors influenced those decisions.
Arguments in favour of withholding the information
Frank and honest debate is a key component of high quality policy formulation and
there is a public interest, in appropriate situations, in maintaining a private space for
discussion away from public scrutiny to effectively formulate and develop policy.
Ministers need to be able to discuss difficult policy issues with candour and the
release of details of those discussions would inhibit that. If Ministers were to feel
inhibited from being frank and candid with one another because of the possibility of
the disclosure of such exchanges, the quality of debate lying behind the collective
discussion and decision-making process would be diminished, ultimately resulting in
weaker policy formulation.
In policy areas such as this, government must be able to undertake a full
consideration of all of the options – this requires a private space in which to carry out
a candid risk assessment and scenario planning. In this context, premature
disclosure of advice and assessments may close off discussion and the development
of better policy options and undermine frank reporting on progress and the
identification of risks. This is not in the public interest.
All parties contributing to the formulation and development of policy must be
confident that any views expressed will be fully scrutinized in the light of all relevant
factors and only considered for disclosure when a complete analysis has been
undertaken and decisions reached.
Balancing the public interest
After weighing the various factors, on balance we believe that it is not in the public
interest to disclose the minutes of the last thirty days of Executive meetings. It is
therefore the view of the Department that under section 35(1)(a) of the Freedom of
Information Act, the arguments in favour of non-disclosure of the information which
you have requested outweigh the arguments in favour of disclosure.
If you are unhappy with the level of service you have received in relation to our
handling of this request, you may ask for an internal review within two calendar
months of the date of this letter. You should contact –
Head of Executive and Central Advisory Division
Room SD 24
Stormont Castle
Stormont Estate
BELFAST
BT4 3ST
Tel -
028 90 378149
Email -
xxx@xxxxxxxxxxxxxxxxxx.xxx.xx
In order to assist a thorough review, it would be helpful if you set out any particular
grounds for complaint.
If you are not content with the outcome of the internal review, you then have the right
to apply directly to the Information Commissioner for a decision. The Information
Commissioner can be contacted at –
Information Commissioner’s Office
Wycliffe House
Water Lane
WILMSLOW
Cheshire
SK9 5AF
The Information Commissioner will not investigate a complaint unless the internal
review procedure outlined above has been completed.
Please contact me if you have any queries about this letter, remembering to quote
the reference number above in any future communications.
Yours sincerely
Bernie McCusker
BERNIE MCCUSKER
