request-59784-
Information Management Unit,
xxxxxxxx@xxxxxxxxxxxxxx.xxx
15th Floor,
Windsor House,
9 - 15 Bedford Street,
Belfast.
BT2 7LT
Tel: 9035 4813 ext 29032
Email: xxxx.xxxxxxx@xxxxxxx.xxx
Your reference:
Our reference: NIW 416-10-11
Date 03 February 2011
Dear Mr McAree
Freedom of Information Act 2000
Thank you for your recent Freedom of Information request asking how many
additional subcontractors or contractors NI Water employed on 27 and 28 December
2010 to address the mains water supply shortage.
After careful consideration, I am unable to disclose information which is not already in
the public domain pertaining to the above in accordance with the exemption provided
for in Section 36 of the Freedom of Information Act –Prejudicial to the Effective
Conduct of Public Affairs.
Section 36(2) (c) of the Freedom of Information Act provides that information is
“exempt information” within the meaning of the Act if, in the reasonable opinion of a
1‘qualified person’, its disclosure would prejudice or be likely to prejudice the effective
conduct of public affairs.
The Public Interest Test attached as Annex A refers.
You have the right to request that NI Water formally review this response within two
calendar months of the date of this letter. If you wish to do so, please write to
NI Water Information Management Unit, 15th Floor, Windsor House, 9 - 15 Bedford
Street, Belfast. BT2 7LT
If after such an internal review you are still unhappy with the response, you have the
right to appeal to the Information Commissioner at Wycliffe House, Water Lane,
Wilmslow, CHESHIRE SK9 5AF, who will undertake an independent review.
If you have any queries about this letter, please contact me. Please remember to
quote the reference number above in any future communications.
The supply of information under the Freedom of Information Act (FOIA) does not give
the recipient or organisation that receives it the automatic right to reuse it in any way
that would infringe copyright. This includes, for example, making multiple copies,
publishing and issuing copies to the public. Permission to re-use the information must
be obtained in advance from NI Water.
Yours sincerely
John Collins
Information Manager
Northern Ireland Water
Annex A
As you may be aware, the Northern Ireland Authority for Utility Regulation (NIAUR)
has been tasked to undertake a formal investigation into NI Water’s performance
during the recent major freeze/ thaw incident, the terms of reference of which are
available at the link below.
Under the Freedom of Information Act disclosure of information to an individual is
considered disclosure to the public at large. NI Water have genuine concerns that the
information you wish to be captured, could potentially prejudice the progress and
outcome of the Utility Regulator’s ongoing investigation.
It is foreseeable that given the considerable public and media interest in matters
relating to the ongoing investigation that any significant media comment and
speculation generated from such disclosure could impact on NI Water having to
divert resources towards management of such matters.
The exemption provided for in Section 36 of the Freedom of Information Act is
qualified and so in deciding whether or not to disclose the information requested NI
Water must consider the public interest. The Information Commissioners Office
considers that information requested should be released unless the public interest
weighs in favour of withholding such information.
There is a public interest in the information requested being released because this
may:-
•
promote accountability and transparency by NI Water;
•
lead to increased trust and engagement between citizens and
Government and improve citizen confidence that decisions are taken on
the basis of the best available information;
The public interest is however also to be served by:-
• A free and frank exchange of views between NI Water, its various
Stakeholders and chiefly its sole Shareholder the Department for Regional
Development (DRD) for the purposes of deliberation. The release of the
information indicated could prejudice those relationships and the prospect
of the open exchange of views etc. Premature disclosure of information
pertaining to the investigation, whilst the investigation is ongoing, could
potentially result in closing off options through adverse public reaction. This
would result in NI Water not being able to fully discharge its duties of
governance of public funds and the provision of the public services for
which the Company is mandated.
• 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 without fear of premature disclosure.
For these reasons, the 1‘qualified person’ for NI Water has decided that the public
interest favours the withholding of the information requested.
NI Water is minded of the fact that the sensitivity of the information requested may
decrease over time and that this information may be suitably released in the future.
1 Section 36 requires a determination by a ‘qualified person’. It is the only exemption in the Freedom of
Information Act that has this provision. The exemption under Section 36 will only apply if the
reasonable opinion of a qualified person is that one of the forms of adverse effect specified in the
Public Interest test for Section 36 above would follow from disclosing the information. In relation to
information held by Government, the qualified person must be a Minister. For Northern Ireland Water
the qualified person is the Chief Executive.
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