Information Commissioner's Office

Health and Safety Executive for Northern Ireland

15 June 2017, Education (Other)

The complainant has requested information relating to the collapse of a wind turbine at Screggagh, County Tyrone, Northern Ireland.  The Health and Safety Executive Northern Ireland (“HSENI”) disclosed some of the requested information, however it stated that some of the requested information (“the withheld information”) was exempt from disclosure, citing the exemptions under sections 30(1)(b), 40(2) and 44(1) of the FOIA.  The HSENI also stated that it did not hold part of the requested information.  The Commissioner’s decision is that the HSENI has correctly applied section 44(1) to the relevant parts of the requested information, namely the redactions under section 44(1) made to pages 73-93 of the information, and does not hold part of the requested information.  However, in relation to the requested information withheld under section 30(1)(b) of the FOIA, the Commissioner has decided that, whilst the exemption is engaged, the public interest in all the circumstances of the case is weighted in favour of disclosure.  In relation to the information redacted under section 40(2) of the FOIA, the Commissioner has decided that the HSENI has correctly applied section 40(2) to some of that information, however it has been incorrectly applied to the remainder.

FOI 44: Not upheld FOI 40: Partly upheld FOI 30: Upheld