Fermanagh & Omagh District Council

The complainant has requested, from Fermanagh and Omagh District Council (the Council), information relating to a Strategic Capital Projects Grant Programme and covering a specified period of time. The Council disclosed some information, but relied on sections 40(2) and 43(2) of FOIA (the ‘personal information’ and ‘commercial interests’ exemptions) to refuse to disclose other information. The Commissioner’s decision is that the Council was entitled to rely on section 40(2) in respect of the withheld information relating to Council officials. However, he finds that the Council has failed to demonstrate that section 43(2) is engaged in respect of the information being withheld under that exemption. He also finds that the Council holds further information within scope of the request of 28 November 2023; and that it breached section 17 of FOIA as it previously failed to state its reliance on section 21 in respect of information published on its website. The Commissioner requires the Council to disclose the information being withheld under section 43(2), subject to any appropriate redactions for personal data; and in respect of the information referenced in paragraphs 62 – 69 of this decision notice (the moderation note, appeal requests and meeting agenda), either disclose it or issue a refusal that complies with FOIA. The public authority must take these steps within 30 calendar days of the date of this decision notice. Failure to comply may result in the Commissioner making written certification of this fact to the High Court pursuant to section 54 of FOIA and may be dealt with as a contempt of court.