Press Release

Information Tribunal decision narrows issues for consideration

12th December 2006

Derry City Council acknowledges and welcomes the clarification brought by the Information Tribunal decision and will consider this judgement in full once it is recieved. The Council will then decide whether to comply or appeal to the High Court in Belfast.

A spokesperson for Derry City Council said: "If the decision by the Information Commissioner accords with the draft decision that we have seen, it has certainly narrowed the debate in question and departs significantly from the decision taken by the Information Commissioner in April 2006. Derry City Council welcomes this clarity, in particular the unambiguous acceptance that release of the financial information would adversely affect the economic interests of the City of Derry Airport, the Council and the economy of the region".

The decision by the Information Tribunal, published today, also recognises that the release of financial information may impact on the commercial interests of the Council by placing the airport in a weakened bargaining position in relation to airlines and competitor airports. The spokesperson continued,

"This contrasts to the decision taken by the Information Commissioner as the Information Tribunal concludes the Council’s application of the commercial interest and economy exemptions were properly applied. The balance of the Information Tribunal decision relies mainly on the application of the public interest test for these exemptions".

Derry City Council’s position on the matter of public interest is that that public debate at the time of the request would have received little gain through disclosure of financial information in relation to the commercial risk to the airport and council or compared to competitor gain, at that time. The Information Tribunal’s decision challenges this view stating the risks to the commercial interest of the airport and the Council, by the time the request was made, were not sufficient to outweigh the public interest in disclosure ruling to release the information.

The spokesperson concluded, " Derry City Council will consider the Tribunal’s position in relation to public interest. In our view, the lengthy consideration given to all the issues in advance of a narrow judgement is reflective of the complexity of issues facing local authorities who are involved in competitive commercial activities".

Council will consider its position in concluding the matter either through complying with the release of information or appealing the decision to the High Court in Belfast. The Information Tribunal has been diligent in clarifying its role in attempting to apply the law contained in the Freedom of Information Act rather than making general statements as to whether agreements between publicly owned airports and airlines require to be disclosed.

Ends

Press Office

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