Freedom of Information Act 2000 Request

I am writing in response to your request under the Freedom of Information Act 2000, emailed to Higher Education Funding Council for Wales (HEFCW) on 28 April 2009 below:

a full copy of the report into the finances of the University of Wales Lampeter by the consultants Haines Watts.

In response to your request :

HEFCW is not able to provide you with a copy of the Higher Education Funding Council for Wales Review of University of Wales Lampeter (‘the Report’) as this is exempt from public disclosure under the following exemptions:

i) Section 36 of the Freedom of Information Act 2000 which states that release of this information “would inhibit free and frank provision of advice and exchange of views for the purpose of deliberation”.

Having duly considered the Report contents, I have concluded that disclosure would affect current deliberations taking place regarding the future of University of Wales, Lampeter. Unfortunately, I cannot provide you with greater detail of the effect of disclosure on University of Wales, Lampeter without directly referring to the Report contents.

Section 36 can be relied upon only where it is the “reasonable opinion of a qualified person” that disclosure would have a prejudicial or inhibiting effect which falls within the scope of section 36. HEFCW’s Chief Executive is designated as a “qualified person” under section 36 and it is his reasonable opinion that section 36 applies as set out above.

Also:

ii) Section 43 of the Freedom of Information Act 2000 which states that “release of the information is likely to prejudice the commercial interests of any person” (where the person may be an individual, a company or any other legal entity).

Having duly considered the Report contents, I have concluded that disclosure would have a direct impact on the current commercial activities of the University of Wales, Lampeter and that there would be significant risk that disclosure would harm its commercial activities and interests. Unfortunately, I cannot provide you with greater detail of the effect of disclosure on University of Wales, Lampeter without directly referring to the Report contents.

In considering the public interest in releasing this information, and after weighing the substantial prejudice likely to be caused by disclosure against the likely benefit to the wider public, I have concluded that disclosure would result in the greater harm to University of Wales, Lampeter.

If you are dissatisfied with our response to your information request you may ask us, in writing, to conduct an internal review. That review will be carried out by a senior member of staff who has not previously been involved with the request. We will inform you of the outcome of the internal review as soon as possible.

If you are unhappy with the outcome of the internal review, you may refer the matter to the office of the Information Commissioner who can be contacted at:
Information Commissioner’s Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Tel: 01625 545 745
Fax: 01625 524 510
Email: enquiries@ico.gsi.gov.uk

Yours sincerely,

RICHARD HIRST, DIRECTOR OF FINANCE AND CORPORATE SERVICES
Higher Education Funding Council for Wales
Linden Court
Cardiff
CF14 5DZ
www.hefcw.ac.uk
tel: 029 20 682 252