Merthyr Tydfil County Borough Council

The complainant submitted a two-part request for information held by Merthyr Tydfil County Borough Council (the council) about the escrow account set up to help fund the restoration works at the Ffos-y-fran former opencast coal mine site. The council initially refused the request under section 43(2) (commercial interests) of the Freedom of Information Act 2000 (FOIA). At internal review, the council said it also considered that it could rely on section 41 (information provided in confidence) to refuse the request. During the Commissioner’s investigation, the council revised its position. It said it now considered the EIR to be the correct access regime, and it provided the complainant with some information. The Commissioner’s decision is that the EIR is the correct access regime. He is also satisfied that the council has provided the information it held at the relevant time which answers part 2 of the request. However, the Commissioner considers that the council holds additional information within the scope of part 1 of the request. He has therefore found that the council has not complied with regulation 5(1) of the EIR in its handling of part 1. The Commissioner requires the council to take issue a fresh response to part 1 of the request, based on the correct scope of that part.