OFMDFMrefuses paperSEEDS docs

The Sentinel asked the OFMDFM for records of any meetings or correspondence between Derry City Council and SEEDS between March 2011 and March 2012.

But OFMDFM has withheld the information in full applying exemptions under Sections 30 (1) (a) and (b) of the Freedom of Information Act (FOI) and saying the public interest in maintaining the exemptions outweighs the public interest in disclosing the information.

Section 30 of the act states that: “information held by a public authority is exempt information if it has at any time been held by the authority for the purposes of: (a)any investigation which the public authority has a duty to conduct with a view to it being ascertained: (i)whether a person should be charged with an offence, or (ii)whether a person charged with an offence is guilty of it: (b)any investigation which is conducted by the authority and in the circumstances may lead to a decision by the authority to institute criminal proceedings which the authority has power to conduct.”

Explaining its reasons for withholding the information OFMDFM stated: “Investigations into possible misconduct or mismanagement by organisations which

receive public funding must be undertaken in a manner which is confidential, fair and trustworthy.

“Documentation and correspondence relating to such investigations must be handled in a confidential manner with an expectation of confidentiality existing on

the part of all parties involved.

“There is a strong public interest in ensuring that government departments which are responsible for the administration of funding of organisations are able to carry out their functions properly.

“This includes investigations of potential wrongdoing by any organisation which has received public funding. In order to protect the integrity of the process of investigation, it is necessary to ensure that both organisations which are publicly funded and the general public can have confidence in it.

“Compromising the integrity of the investigatory process would not be in the public interest.”

OFMDFM claimed an investigatory process was still ongoing and thus it would not be releasing any information.

“After weighing the various factors, on balance we believe that it is not in the public interest to disclose information associated with an investigatory process while the investigation is still very much ongoing.

“It is therefore the view of the Department that under section 30 (1)(a)and (b) of the Freedom of Information Act, the arguments in favour of non-disclosure of the information which you have requested outweigh the arguments in favour of disclosure.”