What has NIW got to hide about its Chairman?
20 January 2011
Statement by TUV Leader Jim Allister:-
“It is clear that NI Water has learnt nothing from the water crisis about the confidence-building benefits of transparency. I lodged a straightforward FOI request asking how often their Dublin Chairman troubled to attend their offices in
“I am astounded by their refusal to answer and the utterly fatuous excuse concocted to try and keep this pertinent information from the public. In the most contrived and indefensible response to a FOI request that I have ever seen, NIW says releasing such information “could potentially prejudice the progress and outcome of the Utility Regulator’s ongoing investigation”. In an unbelievable fantasy trip they go on to proclaim, “any significant media comment and speculation generated from such disclosure could impact on NI Water having to divert resources towards management of such matters.” It gets better, because then, they say, “Premature disclosure of information pertaining to the investigation, whilst the investigation is ongoing, could potentially result in closing off options through adverse public reaction.” And, in a telling finale they say, “NI Water is minded of the fact that the sensitivity of the information requested may decrease over time and that this information may be suitably released in the future.” I’m only asking how often Mr White turned up to work!
By their incredible response they merely fuel the suspicion that the Chairman was an absentee. Mr White is paid by
I also asked, in a separate FOI request, for information on when Water
Naturally, I refuse to accept these pitiful responses and will pursue them to appeal. But, they leave one wondering just what NIW has to hide if they are so precious and sensitive over basic factual information.
“I suspect NIW knows that its response is indefensible but is deliberately trying to buy time. Any such calculated abuse of the FOI process will itself be something for the Information Commissioner to deal with. ”
NIW’s response is set out below:
As you may be aware, the Northern Ireland Authority for Utility Regulation (NIAUR) has been tasked by the Minister for the Department of Regional Development to undertake a formal investigation into NI Water’s performance during the recent major freeze/ thaw incident, the terms of reference of which
are available at the link below.
http://www.uregni.gov.uk/uploads/publications/Terms_of_Reference_-
_NI_Water_investigation_-_7111.pdf
Under the Freedom of Information Act disclosure of information to an individual is considered disclosure to the public at large. NI Water have genuine concerns that the information you wish to be captured, could potentially prejudice the progress and outcome of the Utility Regulator’s ongoing investigation. It is foreseeable that given the considerable public and media interest in matters relating to the ongoing investigation that any significant media comment and speculation generated from such disclosure could impact on NI Water having to divert resources towards management of such matters.
The exemption provided for in Section 36 of the Freedom of Information Act is qualified and so in deciding whether or not to disclose the information requested NI Water must consider the public interest. The Information Commissioners Office considers that information requested should be released unless the public interest weighs in favour of withholding such information.
There is a public interest in the information requested being released because
this may:-
• promote accountability and transparency by NI Water;
• lead to increased trust and engagement between citizens and
Government and improve citizen confidence that decisions are taken on the basis of the best available information;
The public interest is however also to be served by:-
• A free and frank exchange of views between NI Water, its various Stakeholders and chiefly its sole Shareholder the Department for Regional Development (DRD) for the purposes of deliberation. The release of the information indicated could prejudice those relationships and the prospect of the open exchange of views etc. Premature disclosure of information pertaining to the investigation, whilst the investigation is ongoing, could potentially result in closing off options through adverse public reaction. This would result in NI Water not being able to fully discharge its duties of governance of public funds and the provision of the public services for which the Company is mandated.
• Good Government depends on good decision making and this needs to be based on the best advice available and a full consideration of all the options without fear of premature disclosure.
For these reasons, the 1‘qualified person’ for NI Water has decided that the public interest favours the withholding of the information requested. NI Water is minded of the fact that the sensitivity of the information requested may decrease over time and that this information may be suitably released in
the future.
1 Section 36 requires a determination by a ‘qualified person’. It is the only exemption in the Freedom of Information Act that has this provision. The exemption under Section 36 will only apply if the reasonable opinion of a qualified person is that one of the forms of adverse effect specified in the Public Interest test for Section 36 above would follow from disclosing the information. In relation to information held by Government, the qualified person must be a Minister. For Northern Ireland Water the qualified person is the Chief Executive.
