Information regarding details of the costs associated with the investigation carried out by John Sturrock KC regarding the Internal Audit investigation

Information Standards Freedom of Information Response

15 November 2024

Our ref: FoI 45-24

 

Freedom of Information Act 2000

I am writing to confirm that the Northern Ireland Assembly Commission (Assembly Commission) has processed your request dated 17 October 2024 in line with the Freedom of Information Act 2000 (FOIA). In your request, you asked:

"Following on from my previous request I would also like to request details of the costs associated with the investigation carried out by John Sturrock KC regarding the Internal Audit investigation."

 

Our response

The Assembly Commission holds information relevant to your request. The Assembly Commission considers that this information is exempt from disclosure under section 43 of the FOIA (commercial interests). This section provides, so far as is relevant, as follows -

'(2) Information is exempt information if its disclosure under this Act would, or would be likely to, prejudice the commercial interests of any person (including the public authority holding it)'.

 

The Assembly Commission considers that disclosure of the information requested would prejudice both its commercial interests and those of Mr Sturrock KC for the following reasons -

  • Given the limited marketplace for experts in the speciality of parliamentary matters, disclosure would prevent the Assembly Commission from procuring similar expertise at competitive market rates in future. This would impede the ability of the Assembly Commission to obtain cost-effective independent analysis of parliamentary matters.
  • The disclosure of the information sought would enable economic operators bidding to provide consultancy services to the Assembly Commission to benchmark their fees against those disclosed. This will result in higher procurement costs, prejudice the commercial position of the Assembly Commission in commercial negotiations, and have a negative impact on the public purse.
  • Disclosure of the professional fees of Mr Sturrock KC will prejudice his commercial interests given the specialised nature of his work in a limited marketplace. This will inhibit his ability to obtain work at a rate he considers to be competitive, and unfairly advantage his competitors.

Section 43(2) of the FOIA is a qualified exemption and the Assembly Commission has accordingly considered whether the public interest in maintaining the exemption outweighs that in providing the information.

 

The Assembly Commission notes the following factor relevant to disclosing the information -

  • There is a significant public interest in ensuring proper scrutiny of the Assembly Commission's use of public money.

 

The Assembly Commission notes the following factors relevant to maintaining the exemption in relation to the information-

  • There is a significant public interest in companies and other legal persons with specialist skills being able to compete for public contracts on a level playing field. This is particularly the case where the market is limited (as it is in this case, which required a contractor with a knowledge of parliamentary matters).
  • The significant public interest in ensuring proper scrutiny of the Assembly Commission's use of public money can be achieved in a manner which is less likely to prejudice the commercial position of the Assembly Commission and third parties - via scrutiny of the Assembly Commission's budget by the Assembly's Audit Committee and audit of the Assembly Commission's financial statements by the Northern Ireland Audit Office.

In this case, the Assembly Commission has determined that the public interest in maintaining the exemption outweighs the public interest in disclosure.

 

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