Assembly Ombudsman for Northern Ireland
- Date 22 November 2011
- Sector Local government
- Decision(s) EIR 12: Upheld, EIR 12.5.d: Not upheld, FOI 44: Not upheld
The complainant has requested information obtained by the Assembly Ombudsman for Northern Ireland and Northern Ireland Commissioner for Complaints (the Ombudsman) relating to two complaints he submitted to him. The Ombudsman withheld this information under section 44 of the Act and regulation 12(5)(d) of the EIR. The Commissioner’s decision is that the Ombudsman has correctly refused the request under the Act insofar as it relates to non-environmental information. With regard to the information exempt under regulation 12(5)(d) the Commissioner finds that the public interest in maintaining the exception outweighs the public interest in disclosing the information. However the Commissioner finds that a small portion of information is not exempt as it relates to emissions. The Commissioner requires the public authority to disclose to the complainant the withheld information relating to emissions.