FS50128406

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Decision Summary

  • Case Ref: FS50128406
  • Date: 23 February 2009
  • Public Authority: Export Credits Guarantee Department
  • Summary: The complainant asked the Export Credits Guarantee Department (ECGD) for a copy of the ECGD Underwriting Committee’s assessment of the Al Yamamah deal with Saudi Arabia. The Commissioner decided that ECGD had breached the Act in procedural matters in respect of: sections 1(1)(b) and 10(1) by failing to disclose information; section 17(1) by excessive delay; and, failing to cite relevant subsections in breach of section 17(1)(b). ECGD had applied the section 36(2)(b) exemption to all of the information within the scope of the request. In addition ECGD has applied exemptions under sections 27, 29, 41 and 43 to different parts of the information. A late claim to section 42 was made in respect of part of the information. The Commissioner accepted that the section 36 exemption was engaged in respect of all of the withheld information but did not accept that the public interest in maintaining that exemption outweighed the public interest in disclosure. However he decided that the exemptions in sections 27 and 43 applied to parts of the withheld information (identified in annex 2 to this Notice) and that in those instances the public interest in maintaining the exemption outweighed the public interest in disclosing the information. The Commissioner decided that the section 29 exemption was engaged for a small amount of information (identified in annex 2) but in respect of that information the public interest in maintaining the exemption did not outweigh the public interest in disclosing the information. The Commissioner decided that the section 41 exemption was not engaged as regards the relevant information. The Commissioner did not accept the late application of the section 42 exemption, but in any event he decided that the information had been properly withheld under section 43. The Commissioner therefore decided that ECGD had failed to deal with the matter in accordance with the Act and must provide the applicant with further information as set out in annex 2 of this Notice but was right to withhold the information specified in annex 3. Information Tribunal appeal number EA/2009/0021 dismissed.
  • View PDF of Decision Notice: [1]