Information Commissioner's Office

Department of Culture Arts and Leisure

29 September 2015, Central government

The complainant requested information relating to a bid made by the Department for Culture, Arts and Leisure in respect of its sports stadia programme. The Department provided some information but refused the remainder under regulations 12(4)(d), 12(4)(e) and 12(5)(e) of the EIR. The Commissioner’s decision is that the Department was entitled to rely on the exceptions cited, but that the public interest lay in favour of disclosing some of the withheld information. The Commissioner also finds that the Department failed to respond to the request within the statutory time for compliance. The Commissioner requires the public authority to disclose the information specified at the attached schedule. The public authority must take this step within 35 calendar days of the date of this decision notice. Failure to comply may result in the Commissioner making written certification of this fact to the High Court pursuant to section 54 of the FOIA and may be dealt with as a contempt of court. This decision notice is currently under appeal to the Tribunal.

EIR 5(2): Upheld EIR 9(2)(a): Upheld EIR 12(4)(d): Partly upheld EIR 12(4)(e): Partly upheld EIR 12(5)(e): Partly upheld EIR 11(3): Upheld EIR 14(3): Upheld