FOI 17-24: Legal proceedings regarding the roof of Parliament Buildings
Information Standards Freedom of Information Response
Our Ref: FOI 17-24
27 March 2024
Freedom of Information Act 2000
The Northern Ireland Assembly Commission (Assembly Commission) has processed your request dated 16 March 2024 under the Freedom of Information Act 2000 (FOIA). In your request, you asked:
“Please provide all the information possible on past and current legal proceedings regarding the roof of Parliament Buildings”
Our response
The Assembly Commission holds information about current legal proceedings regarding the roof of Parliament Buildings. The legal proceedings are currently before the High Court, most recently on 19 March 2024.
The Assembly Commission considers the information about these proceedings to be exempt information under section 42 of the FOIA because it is information in respect of which a claim to legal professional privilege could be maintained in legal proceedings in Northern Ireland.
Section 42 is a qualified exemption and the Assembly Commission has considered whether, in all the circumstances of the case, the public interest in maintaining the exemption outweighs the public interest in disclosing the information (‘the public interest test). In considering the public interest test, the Assembly Commission has identified the following points in favour of maintaining the exemption:
- The ability for any party engaged in or contemplating litigation to speak freely, frankly and openly about the merits of that litigation, informed as necessary by expert evidence, is a fundamental element of the legal system and the administration of justice. As such, there is a strong element of public interest inbuilt into maintaining and safeguarding legal professional privilege.
- The disclosure of the reports otherwise in accordance with directions of the High Court could prejudice the legal position of the Assembly Commission in those proceedings.
- It is in public interest that the legal position of the Assembly is protected while these proceedings continue.
The Assembly Commission has identified the following points in favour of disclosing the information:
- Disclosure of information held by public authorities, including legal advice, may promote transparency and accountability.
- Disclosure of information held by public authorities can aid in understanding the reason why certain decisions were made, as can disclosure of the advice which informed those decisions.
The Assembly Commission has concluded in this case that the public interest in maintaining the section 42 exemption in respect of those records required for legal proceedings outweighs the general public interest in transparency about the work of public bodies.
However, you may wish to note that information on some civil proceedings, including copies of some documents, may be obtained from the Northern Ireland Courts and Tribunals Service.
Further information
You have the right to request an internal review of this decision by the Assembly Commission. If you wish to request such a review, please write to me at the above address. If, after that review, you are dissatisfied with the way in which the Assembly Commission has handled your request for information, you may complain to the Information Commissioner’s Office (ICO) at Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF.
Your request for information and our response may be published in the disclosure log maintained by the Assembly Commission under a publication scheme agreed with the ICO. The request and our response will be anonymised.
Yours sincerely
Data Protection and Governance Officer
