in the University’s submissions and Decision Notice, that the public interest favours
maintaining the exemption.” But in Section 7 of my Grounds of Appeal, I addressed
in great detail all of those reasons — both those set out in the University’s
submissions, and those set out in the Decision Notice — and I explained why they
are grossly flawed. The Commissioner, by contrast, has completely ignored my
arguments, and has simply repeated the claims of the Decision Notice without any
further argument. I would humbly observe, once again, that an assertion does not
become proven by mere repetition, and that an advocate does himself no credit by
ignoring his opponent’s arguments.”
150.
The IC in the DN concludes at para 37 (A8):-
“The Commissioner has noted the complainant’s arguments but agrees with the
University that the public interest favours maintaining the section 36(2)(c)
exemption. First, he understands that, in the current case, the matter associated
with the request was ‘live’ at the time of the request. He understands that the report
had been published on 17 May 2021, shortly before the complainant’s request. As
such the University was likely still to have been in the process of processing and
managing its findings. It would then have to agree and implement the report’s
associated recommendations. Second, the Commissioner has taken account of the
nature of the information being withheld and the circumstances in which the
University obtained the information. In the Commissioner’s view, at the time of the
request there was greater public interest in the University being able to action the
report’s recommendations effectively and efficiently, without the distraction likely
to be generated through disclosing the information. In addition, the public interest
in contributors to this report being willing to work with the University to implement
the report, and in potential contributors to future reviews being prepared to assist
the University, is greater than the public interest in the University being fully
transparent and disclosing the withheld information in this case.”
151.
Mr Morris says at paragraph 86 of his statement:-
“I consider that the public interest arguments, both in favour of and against
disclosure, identified in the Record of Public Interest Test remain as valid today as
they did when put forward in response to the Request and the Internal Review
Request. I believe that the wider public interest has been best served by the
approach the University has adopted to voluntary publication of a redacted version
of the Report, which has contributed substantially to public understanding and
debate, whilst enabling the University to secure engagement with the Review (and
implementation of actions post Report) through the commitment to confidentiality,
protecting the contributors to the Review from the risk of harm and ensuring that
the University is acting in an open and transparent way in relation to its failings as
described in the Report. ….I am aware that the public interest balance is a matter
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