To The Clerk to the Higher Education Funding Council for Wales HEFCW

Dear Ms Hammond

Thank you for your email,

I attach a copy of

Freedom of Information Act
Awareness Guidance No 3
The Public Interest Test

For your information

The reason being that I felt this test was not applied to my request dated the 28th April 2009 and the answer I received was more to do with private rather than public interest, particularly as no means of regulation exist. This in itself is a matter of overriding public interest.

The public interest test

The term “public interest” is not defined in the FOI Act or EIRs. In general, the “public interest” refers to the interests of the general community or a section of it, as opposed to a purely private interest. It does not mean “what the public is interested in” or curious about.

Depending on the circumstances, the public interest in disclosure may involve helping to ensure that:

• there is informed public debate about significant decisions
• the public are able to participate effectively in decisions affecting them
• there is adequate scrutiny of the decision-making process
• authorities are accountable for the spending of public money
• authorities do their job properly

I also expect this issue to be raised as part of my evidence to the Innovation, University, Science and Skills Select Committee in helping to ensure the above is introduced as part of higher education reform.

Moreover, the recent disclosure of MPs expenses has lowered the threshold of disclosure and made public accountability for our money a very serious issue of the day.

You will note from the list of reasons why information should be disclosed far out weighs your reasons for refusal. Moreover, recent decisions by the Information Tribunal would seem to give overriding support to my request.