| Commissioner Kevin Dunion ordered the authority to hand over details of a quote for environmental work it had previously sought to withhold.
It’s the fourth time this year the council has been told to disclose information following either a failure or partial failure to comply with the Freedom of Information Act.
In the most recent case, James Kelly had requested from the council details of a quote it provided to Hillcrest Housing Association for the removal of gull eggs from two flat-roofed properties in Dundee. The council withheld the information, arguing disclosure could prejudice commercial interests.
When that decision was upheld on review, Mr Kelly applied to the St Andrews-based commissioner.
In his written findings, Mr Dunion said he had considered the case under both the Freedom of Information Act and Environmental Information Regulations.
He ruled the council had failed to deal with Mr Kelly’s request in line with EIRs and failed to comply with FOI law, and he ordered disclosure of the details by November 2.
Any appeal against the decision can be made at the Court of Session, on a point of law only, within 42 days of the decision notice being published.
Earlier this year the Tele reported the council had been ordered by Mr Dunion to release some documents to Pritam Chita relating to a planning application.
In February the Commissioner ruled Brian Ross was entitled to details of a contract awarded to the council’s own contracting arm for roofing work at properties in the city.
In that case, Mr Dunion said he did not accept the council’s argument that the bill of quantities, the subject of a 16-month tussle under Freedom of Information legislation, was commercially sensitive.
This year also saw the conclusion of a lengthy case in which the council refused to release an investigation report into the failure of a glass pane at the Wellgate library.
The commissioner found in favour of applicant David Middleton, and also criticised the authority for failing on four separate occasions to explain its reasons for not disclosing the document. |