FOI and Cabinet Exemptions class discussion by Maria O'Sullivan https://padlet.com/mariaosullivan/t0sw7lmitncw1cdg Answer two questions: Do you think the govt agency should be able to argue an exemption before the AAT that they did not make at the original refusal stage? Do you think it should be possible to argue an exemption for the ‘vibe’ of documents as a whole rather than demonstrating it in relation to individual docs? Please also set out here any comments you have on cabinet exemptions! en-us 2022-03-26 11:48:17 UTC 2022-03-30 03:05:34 UTC hello@padlet.com https://padlet.com/mariaosullivan/t0sw7lmitncw1cdg/wish/2120413098 The government agency should not be able to make new arguments for an exemption before the AAT - this is unfair as the person making the FOI request would not have had time to prepare information regarding these new arguments. It also raises questions about why these arguments were not used initially - is the government now just throwing out numerous arguments to see what sticks?]]> 2022-03-30 00:42:39 UTC https://padlet.com/mariaosullivan/t0sw7lmitncw1cdg/wish/2120413098 https://padlet.com/mariaosullivan/t0sw7lmitncw1cdg/wish/2120416638 Making an argument about the 'vibe' of documents reduces the onus on the agency or Minister to pinpoint why it should be exempt and is too broad to allow for a robust FOI system. Each document should come under its own scrutiny about why it might be exempt, rather than lumping them together.]]> 2022-03-30 00:44:51 UTC https://padlet.com/mariaosullivan/t0sw7lmitncw1cdg/wish/2120416638 question 1 - Gov should not be able to add a new reason for exemption as the AAT is not conducting a merit review. https://padlet.com/mariaosullivan/t0sw7lmitncw1cdg/wish/2120627843 2022-03-30 03:03:43 UTC https://padlet.com/mariaosullivan/t0sw7lmitncw1cdg/wish/2120627843 Question 2 - creating an exemption for the vibe would mean a lot of documents otherwise available would be caught in the net of this exemption. However, demonstrating individual documents as exempt would be a time consuming and costly exercise. Balance would need to be struck. https://padlet.com/mariaosullivan/t0sw7lmitncw1cdg/wish/2120630481 2022-03-30 03:05:34 UTC https://padlet.com/mariaosullivan/t0sw7lmitncw1cdg/wish/2120630481