FOI request (FOIR-623464041)

Geotechnical investigation - Old Roar Gill

Requested Mon 17 June 2024
Responded Fri 21 June 2024

The review states that 'It is intended that the results of the geotechnical investigation will accompany a report to Cabinet in the near future, therefore will be in the public domain'.

The Cabinet meeting has taken place. The promised geotechnical report was not part of the documents pack provided to Cabinet.

Please provide a copy of the geotechnical report.

Response

NOTICE OF REFUSAL

It was intended, not promised, that the geotechnical report on Old Roar Gill may have been part of a report to Cabinet. However, this did not happen. This case is still live and the report will be disclosed at some stage in the near future. However, at present the requested information is being refused under Section 22 - Information intended for future publication.

Section 22 allows the public authority to refuse release when it intends the information to be published at some future date, whether that date is determined or not and in all the circumstances it is reasonable to withhold the information until its planned publication.

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) the landslide at Old Roar Gill remains ongoing, however, we can confirm this report will be disclosed in the near future.

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.