Decision 071/2014 Mr Paul Hutcheon and the Scottish Ministers
Hospitality accepted from energy companies: failure to respond within statutory timescales
Reference No: 201400499
Decision Date: 21 March 2014
On 12 October 2013, Mr Hutcheon asked the Scottish Ministers (the Ministers) for details of hospitality accepted from specified energy companies by the First Minister, Members of the Cabinet and the Minister for Energy, Enterprise and Tourism. This decision finds that the Ministers failed to respond to the request within the timescale allowed by the Freedom of Information (Scotland) Act 2002 (FOISA). The decision also finds that the Ministers failed to comply with Mr Hutcheon's requirement for review within the timescale set down by FOISA.
12 October 2013
Mr Hutcheon made an information request to the Ministers.
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The Ministers did not respond to the information request.
24 December 2013
Mr Hutcheon wrote to the Ministers requiring a review in respect of their failure to respond.
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Mr Hutcheon did not receive a response to his requirement for review.
4 March 2014
Mr Hutcheon wrote to the Commissioner's Office, stating that he was dissatisfied with those failures and applying to the Commissioner for a decision in terms of section 47(1) of FOISA.
6 March 2014
The Ministers were notified in writing that an application had been received from Mr Hutcheon and were invited to comment on the application.
14 March 2014
The Commissioner received submissions from the Ministers. These submissions are considered below.
Commissioner's analysis and findings
1. The Ministers informed the Commissioner that they had carried out a review of Mr Hutcheon's request and had emailed it to him on 14 March 2014. A copy of the response was provided to the Commissioner.
2. Section 10(1) of FOISA gives Scottish public authorities a maximum of 20 working days following the date of receipt of the request to comply with a request for information. This is subject to qualifications which are not relevant in this case.
3. It is a matter of fact that the Ministers did not provide a response to Mr Hutcheon's request for information within 20 working days, so the Commissioner finds that they failed to comply with section 10(1) of FOISA.
4. Section 21(1) of FOISA gives Scottish public authorities a maximum of 20 working days following the date of receipt of the requirement to comply with a requirement for review. Again, this is subject to qualifications which are not relevant in this case.
5. It is a matter of fact that the Ministers did not provide a response to Mr Hutcheon's requirement for review within 20 working days, so the Commissioner finds that they failed to comply with section 21(1) of FOISA.
6. Given that the Ministers responded to Mr Hutcheon's requirement for review on 14 March 2014, the Commissioner does not require them to take any further action in relation to Mr Hutcheon's application.
The Commissioner finds that the Scottish Minsters (the Ministers) failed to comply with Part 1 of the Freedom of Information (Scotland) Act 2002 (FOISA) in responding to the information request made by Mr Hutcheon. In particular, they failed to respond to Mr Hutcheon's request for information and requirement for review within the respective timescales laid down by sections 10(1) and 21(1) of FOISA.
Given that the Ministers have now responded to Mr Hutcheon's requirement for review, the Commissioner does not require the Ministers to take any action in response to these failures.
Should either Mr Hutcheon or the Scottish Ministers wish to appeal against this decision, they have the right to appeal to the Court of Session on a point of law only. Any such appeal must be made within 42 days after the date of intimation of this decision.
Deputy Head of Enforcement
21 March 2014
Link to PDF file of decision 071/2014 (73 kb)
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