of assessment for the Tribunal, rather than of fact for a witness but I hope my
comments on this point assist the tribunal with its assessment.”
152.
As regards UoE’s position the DN in summary says (A7):-
“For its part, the University has acknowledged the public interest in promoting
transparency and accountability. This improves public understanding and
awareness and, as a result, the public’s ability to engage in debate and decision
making, on significant issues. The University also notes the specific public interest
in the issues considered in the report, which concern issues of academic freedom
and freedom of expression.”
153.
The IC in its Response to the Appeal says (A135):-
“b) The public interest favoured maintaining the exemption so as to enable the
University to focus on implementing the report’s recommendations without the
distraction likely to be generated as a result of further disclosure. Furthermore the
public interest in contributors to the 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, outweighed the public interest in further
transparency ([33]-[38])”
154. It also says when concluding that UoE struck the correct balance between
disclosed and withheld information (A139):“The Commissioner acknowledges the Appellant’s arguments concerning the
envisaged
prejudice in respect of s.36(2)(b)(ii) and 36(2)(c). However the
Commissioner considers, for the reasons set out in the University’s submissions
and Decision Notice, that the public interest favours maintaining the exemption.”
“The Commissioner accepts that the University needed time to implement the
report’s recommendations. Given the nature of the information being withheld,
and the circumstances in which the information was obtained in the context of the
underlying debate, there was a greater public interest in enabling the University to
focus on actioning the recommendations without the distraction that would have
likely been caused as a result of further disclosure. The Commissioner also accepts
that there was a greater public interest in ensuring contributors to this report
being willing to work with the University, as well as future contributors. The
Commissioner also accepts that given the expectations of the contributors, and the
sensitivity and profile of the underling issues and debates underpinning the report,
the public interest favours non-disclosure and that disclosure would have been
likely to prejudice the free and frank exchange of views for the purposes of
deliberations
44