(2)(b) in relation to information which is exempt information by virtue of
subsection (1)(a), regard shall be had to the particular public interest in the
disclosure of factual information which has been used, or is intended to be used,
to provide an informed background to decision-taking.
(5) In this section—“government policy” includes the policy of the Executive
Committee of the Northern Ireland Assembly and the policy of [F2the Welsh
Assembly Government]…”
Conclusions:
16.
The Tribunal recognise that each case must be decided on its merits and on
the evidence and submissions before us make the following findings.
17.
The Tribunal have considered whether the whole business case is even
within the scope of the request and conclude that only some of the business
case is in scope given the limited wording of the request. The Tribunal’s
consideration has to be limited to the information which was actually sought
and that appears to be some elements of the business case. The Appellant
did not ask for disclosure of the full business case, and we find that parts of
the full business case are not within the scope of the request. The Tribunal
are of the view that the entire business case is in any event information
which relates to the formation or development of government policy.
18.
The Tribunal have considered whether the optimism bias information can be
separated from the other information in the business case. The public
authority argue that the business case is covered by section 35 so the
optimism bias information must be covered too. They submit it is
information which relates to the formulation and development of policy. The
Appellant argues it is not policy information. The Tribunal find that it does
not need to be policy information; - it just needs to “relate to” (our
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