Mr Robert Stephen and Scottish Executive [2006] ScotIC 196_2006 (30 October 2006)

Mr Robert Stephen and Scottish Executive [2006] ScotIC 196_2006 (30 October 2006)

The decision turned on whether the internal advice was exempt from disclosure under the relevant provisions of the Freedom of Information (Scotland) Act 2002, balancing the public interest in disclosure against the need for free and frank internal discussion.

Citation
[2006] ScotIC 196_2006
Parties
Applicant: Mr Robert Stephen; Respondent: Scottish Executive
Jurisdiction
Scotland
Judgment Date
30 October 2006
Procedural Posture
Freedom of Information Appeal / Decision
Outcome
appeal dismissed
Legal Topics
Freedom of Information, Public Access to Internal Advice, Planning Law Vs Harbour Legislation
Administrative Law Information Law Freedom of Information Public Access to Internal Advice Planning Law Vs Harbour Legislation

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Parties

Mr Robert Stephen

Applicant

Scottish Executive

Respondent

Procedural Posture

Freedom of Information Appeal / Decision

Legal Issues

  1. 1 Whether internal advice regarding the Banff marina development should be disclosed under freedom of information laws
  2. 2 Whether the decision to proceed under Planning Acts rather than harbour legislation is subject to disclosure

Ratio Decidendi

The decision turned on whether the internal advice was exempt from disclosure under the relevant provisions of the Freedom of Information (Scotland) Act 2002, balancing the public interest in disclosure against the need for free and frank internal discussion.

Court Disposition

appeal dismissed