Cardiff Council

The complainant requested information about any discussions the Council may have had with the BBC, the Welsh Assembly Government and a number of companies/organisations in respect of the Council’s ‘Media Capital’ proposal and the BBC Wales’ requirements for relocation. The Council refused to either confirm or deny whether it held information relevant to this request by relying on section 41(2) (information provided in confidence) and section 43(3) (commercial interests) of the Act. The Commissioner finds that if it were held by the Council, a significant proportion of the information is likely to be environmental information as defined by the EIR and that the Council cannot therefore rely on section 41(2) and 43(3) for this. The Commissioner also finds that, to the extent that information, if held by the Council, falls under the provisions of the Act, neither sections 41(2) nor 43(3) are engaged. He has also recorded a number of procedural breaches of both the Act and the EIR.