Warrenpoint Harbour Authority

The complainant requested copies of Board minutes held by Warrenpoint Harbour Authority (“WHA”) covering a specified period. WHA withheld the requested information under section 36(2) (prejudice to the effective conduct of public affairs) and section 43(2) (commercial interests) FOIA, and Regulation 12(4)(e) (internal communications) EIR. The Commissioner has concluded that section 36(2) FOIA is not engaged. Section 43(2) FOIA is engaged in respect of commercially sensitive information and the public interest favours maintaining the exemption for that information. Regulation 12(4)(e) EIR is engaged in relation to the remaining environmental information concerning RDF operations and associated environmental matters. However, the public interest favours disclosure of that information. The Commissioner is not satisfied that WHA was entitled to withhold the requested information in its entirety. The Commissioner finds that the withheld information contains a mixture of commercially sensitive information, non-commercial environmental information, governance information, administrative information and procedural information. WHA is therefore required to disclose the withheld information subject only to the redactions set out in the confidential annex. The Commissioner requires the authority to disclose to the complainant the withheld information falling within the scope of the request, subject only to the redaction of information identified in the confidential annex as falling within section 43(2) FOIA, and any personal data which WHA is entitled or required to withhold under the applicable access regime.