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23 March 2007 / Navdeep Gill
Issue: 7265 / Categories: Features , Local government , Public
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IT confidential

When are public authority contracts likely to be liable for full disclosure, asks Navdeep Gill

In a recent landmark decision, Derry County Council v Information Commissioner EA/2006/0014, the Information Tribunal (IT) dismissed a claim by Derry County Council (the council) that it was exempt from releasing financial information under the Freedom of Information Act 2000 (FIA 2000).

The council sought to rely on three exemptions in FIA 2000:

  • section 29, prejudice to the economic interests of the UK or any part of the UK;
  • section 41, information provided in confidence; and 
  • section 43, prejudice to the commercial interests of any person including the public authority.

The IT’s decision on s 41 is the most significant and will come as a blow to many in the private sector who may have previously thought that FIA 2000 would not be of concern to them. In its decision the IT took the bold view that information contained in a concluded contract with a public authority can fall outside the scope of the s 41 exemption since

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NEWS
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
The treasury has sought to reassure the legal profession over concerns about cost, bureaucracy and independence when the Financial Conduct Authority (FCA) takes over regulation of anti-money laundering compliance
One out of two barristers has come under pressure from clients to act unethically, according to the results of this year’s Barristers’ Working Lives survey
The Court of Appeal has held the Competition Appeal Tribunal (CAT) was wrong to set aside a Competition and Markets Authority (CMA) decision on unfair pricing of phenytoin, an epilepsy drug
A flagship employment law reform is due to come into effect on 1 July, extending unfair dismissal rights to employees after six months in their job instead of two years
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