18 September 2017, Central government
The complainant has requested the original receipts for Welsh Government procurement cards for the purposes of an article reported in Wales Online showing that £1.4 million was spent on 237 active cards in the financial year 2015 to 2016. The Welsh Assembly Government refused the request on the basis of section 12 of the FOIA, inviting her to refine it. The Welsh Government subsequently refused the refined request on the same basis. The Commissioner’s decision is that the Welsh Government in failing to provide appropriate advice and assistance in its response to both the original and refined requests, has breached section 16 of the FOIA, and based on the information provided to date regarding its record held centrally, the Welsh Government cannot rely on section 12 in respect of the complainant’s refined request. The Commissioner requires the public authority to take the following steps to ensure compliance with the legislation. Provide suitable help and assistance as prescribed by section 16 of the FOIA as to the nature of the information held for both requests. Reconsider the refined request and issue a fresh response compliant with the FOIA that does not rely on section 12.
FOI 12: Upheld FOI 16: Upheld