Dear Mrs. Thompson

Thank you for your request for information, which was received on 16th
October, 2011 and is being dealt with under the Freedom of Information
Act 2000/Environmental Information Regulations 2004. We are therefore
required to provide you with a response within 20 working days, which
will be on or before 11th November, 2011.

If we require any clarification or further details, we will contact you
as soon as possible - if this is the case, then the timescale for
response specified above may be subject to change.

In the meantime, if you have any queries, please do not hesitate to
contact me, remembering to quote the reference number provided above in
any communications.

Yours sincerely

John Tillman

Swyddog Gwybodaeth a Diogelu Data

Adran y Prif Weithredwr

Cyngor Sir Gaerfyrddin

Information & Data Protection Officer

Chief Executive's Department

Carmarthenshire County Council

Mewnol/Internal: 4127

Allanol/External: 01267 224127

show quoted sections

Dear Mrs Thompson,

I refer to your request for information, which was received on 16th
October, 2011 and has been dealt with under the Freedom of Information
Act 2000.

The specific information you requested was as follows:

" I am requesting copies of Carmarthenshire Council's 'Register of
Members' Interests' and 'Register of Members' Gifts and
Hospitality' Please supply the documents for both, in full."

Having given your request careful consideration, we are of the view that
the information you have requested is exempt from disclosure under the
Act on the basis that it is already reasonably accessible by other
means. The information you have requested can be inspected at County
Hall.

In reaching this decision, we have referred to guidance published by the
Information Commissioner's Office (ICO) on the issue of accessibility.
If I may quote the relevant section from the guidance:

" Where information is not published or made available under statute
(other than the FOI Act) but is only available on request from the
authority, then it cannot be considered as reasonably accessible unless
it falls within a class of information defined in the authority's
publication scheme.

It will generally be fair to assume that any information described
within a publication scheme and made available under it is reasonably
accessible to an applicant and that all the public authority needs to
do, therefore, is to draw the applicant's attention to the scheme.

Occasionally this may not be sufficient. The Act does not give public
authorities the right to enquire into the circumstances of the
applicant. However, if the authority knows or is told of circumstances
which will affect the applicant's ability to access the information it
should take account of this when handling the request.

a) Travelling and Mobility

If the normal means by which a public authority publishes information is
by making it available for inspection but the applicant either lives a
considerable distance away or has mobility problems, then the authority
should consider providing a hard copy of the information.

(This does not mean that information must be provided in hard copy on
every occasion that it is requested: simply that the authority should
consider doing so. A county records office, for instance, whose
information may be accessed by visitors, would not normally be expected
to photocopy the information which it holds simply because an applicant
does not happen to live near by.)"

As you state, the register of members' interests is included in our
publication scheme and we are therefore of the opinion that the
exemption provided by Section 21 of the Act is engaged in this case. I
would also draw your attention, in particular, to the final paragraph
quoted above - the ICO clearly does not consider that it would be
necessary, in a case such as this, to provide copies of the information.

Therefore, should you wish to inspect the register, the contact details
in order to make an appointment are:

Democratic Services Unit
Chief Executive's Department
County Hall
Carmarthen
SA31 1JP

Telephone: 01267 224028
Email: [email address]

Since I am refusing to provide information on the basis that it is
already reasonably accessible to you by other means, please consider
this email to be a formal notice of refusal under Section 17 of the Act.

If you are unhappy with the way in which your request has been handled,
you can request a review by writing to:

The Head of Administration & Law
Carmarthenshire County Council
County Hall
Carmarthen
SA31 1JP

Email: [email address]

If you remain unhappy with the handling of your request or complaint,
you have a right to appeal to the Information Commissioner at:

The Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF

Telephone: 0303 123 1113
Website: www.ico.gov.uk

There is no charge for making an appeal.

If I can be of any further assistance, please do not hesitate to contact
me.

Yours sincerely

John Tillman
Swyddog Gwybodaeth a Diogelu Data
Adran y Prif Weithredwr
Cyngor Sir Gaerfyrddin

Information & Data Protection Officer
Chief Executive's Department
Carmarthenshire County Council

Mewnol/Internal: 4127
Allanol/External: 01267 224127
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