FOI request (FOIR-363102097)

Emergency Action Plan - CODE RED

Requested Tue 14 September 2021
Responded  Thu 14 October 2021

START REQUEST - 2021-09-14 - CODE RED

I serve you and Hastings Borough Council with this information request dated 14-09-2021 in respect to providing all minutes of the meetings held in regard the 'Climate Change Programme Board' as detailed below. I expect these minutes to be not redacted as they are public meetings. Please provide any video content links of these meetings which have already occurred, any written transcripts supplied to said meetings, and written transcripts supplied to any prospective meetings just being outlined? Please provide any hand written notes and attendance data in regard to this request.

I do not think there is any unprecedented challenges or impediment in you providing this information.

You will find the board described in the 'Cabinet Final Climate Emergency Emergency Action Plan March 2020'.

I expect a response to these requests for information within 20 working days, in accordance with the requirements of the Freedom of Information Act.

Response

NOTICE OF REFUSAL

The information requested is being refused under Section 22 - Information intended for future publication.

The Climate Change Programme Board is an internal working group and not a public meeting. Everything that is discussed at this meeting will be reported to Cabinet in due course. (First meeting being 4 October 2021 details of which can be found on our website www.hastings.gov.uk)

The exemption afforded by Section 22 is subject to what is known as the 'public interest test'. When applying the test in a particular case a public authority is deciding whether the public interest is better served by non-disclosure than by disclosure. Although the Freedom of Information Act does not define 'in the public interest', there is a presumption under Freedom of Information that openness is in the public interest. In applying the public interest test a public authority will take into account the distinction that has been often made by courts between things that are in the public interest, and things that merely interest the public. Where applicants have not identified public interest considerations succinctly or accurately, the public authority has a responsibility under the Act to make their own assessment of the public interest considerations in the particular case.

We have identified the following public interest factors that may be seen as encouraging the disclosure of information:

a) accountability of public spending

We consider these factors to be of limited relevance in relation to the information in question.

Public interest factors seen as encouraging non-disclosure are, generally, the exemptions themselves. In consideration of this matter we came to the following conclusions:

a) everything that is discussed at this meeting will be reported to Cabinet in due course.

b) damage to reputation and/or financial interests

In weighing the factors for and against disclosure we have concluded that the likely benefit to the applicant and the wider public of disclosure is outweighed by the likely prejudice caused by such disclosure and that therefore the public interest is better served by non-disclosure.

For the reasons given above we will not be communicating to you the information you have requested.