Court of Session rules class-based exemption unacceptable

Court of Session rules class-based exemption unacceptable

The Times presents a summary of the appeal by the Scottish Ministers against a decision of the Scottish Information Commissioner issued on November 24, 2005, ordering them to release information which they held regarding the coming into force of the relevant sections of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 which allow any professional or other body might, subject to certain statutory arrangements, to enable any of its members to acquire rights of audience in the courts.

The Judgment of January 23, 2007 (http://www.scotcourts.gov.uk/opinions/2007CSIH08.html) states that where a public authority refused a freedom of information request on the basis that to provide the documents requested would inhibit the process of communication between civil servants and ministers and prejudice the conduct of public affairs, it was not entitled to refuse to release because they were part of a class of documents but had to be able to justify the refusal on a document-by-document basis.

Class approach inappropriate (The Times, 29 January 2007)