Falmer and the Public Interest

[The Clown of Pevensey Bay]

I've just applied to Lewes council, using the Freedom of Information Act, for a copy of the legal advice given to the cabinet before they agreed to challenge the Falmer decision. Here is the reply I got,

Dear Mr Of Pevensey Bay,

Further to my e-mail of 7 December, I am now in a position to respond to your request for information under the Freedom Of Information Act 2000.

Section 42 of the Freedom of Information Act exempts disclosure of the information you have requested on the basis that it relates to legal professional privilege. This exemption is subject to a public interest test which has been applied to the information requested but it is judged that the public interest in withholding it is greater than the public interest in releasing it. The information relates to communications concerning a challenge in the High Court to the decision of the First Secretary of State in respect of the planning applications for a football stadium at Falmer.

So they are effectively hushing up the legal process using the same tactic that the Attorney-General's office used to keep quiet the legal advice on going to war with Iraq!

Needless to say I shall be appealing

 

[Barrel of Fun]

Needless to say I shall be appealing

That is ridiculous. How do they measure that it is better to withold the information, than to release it?

 

[The Large One]

This much we kind of knew - and respected. Legal advice should be able to be given and treated confidentially.

The nature of some or all of what was contained in the legal advice should be made apparent when we find out what Lewes DC's challenge in the High Court actually is.

What should NOT be exempt, however, is the decision to spend public money (taken as a result of the advice) without consulting the Council and/or the public at large first. Lewes District Council has still to tell its taxpayers the basis of the exact challenge to the decision.

 

[sparkie]

Well, although personnally I don't think it's in the public interest to withold this information, I imagine that their thinking is that it is in the public interest for lawyers to be able to give the council confidential advice. A smokescreen of course.

But an appeal sounds good as it wastes a bit more of their time...