Mr Michael Matheson MSP and Scottish Executive [2007] ScotIC 039_2007 (06 March 2007)

Mr Michael Matheson MSP and Scottish Executive [2007] ScotIC 039_2007 (06 March 2007)

The Commissioner determined whether the exemptions claimed by the Scottish Executive applied and whether the public interest in disclosure outweighed the interest in maintaining the exemption.

Citation
[2007] ScotIC 039_2007
Parties
Applicant: Mr Michael Matheson MSP; Respondent: Scottish Executive
Jurisdiction
Scotland
Judgment Date
06 March 2007
Procedural Posture
Freedom of Information Appeal / Decision
Outcome
partially allowed
Legal Topics
Access to Information, Public Authority Decision Making
Administrative Law Freedom of Information Access to Information Public Authority Decision Making

Case Brief

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Parties

Mr Michael Matheson MSP

Applicant

Scottish Executive

Respondent

Procedural Posture

Freedom of Information Appeal / Decision

Legal Issues

  1. 1 Whether information regarding the decision to locate the permanent headquarters of the National Theatre of Scotland should be disclosed under the Freedom of Information (Scotland) Act 2002

Ratio Decidendi

The Commissioner determined whether the exemptions claimed by the Scottish Executive applied and whether the public interest in disclosure outweighed the interest in maintaining the exemption.

Court Disposition

partially allowed

Orders

  • The Scottish Executive is required to disclose certain information relating to the decision to locate the permanent headquarters of the National Theatre of Scotland, subject to redactions where exemptions apply.