Here is the Summary of the recent decision of the Scottish Information Commissioner - in the case involving South Lanarkshire Council.
Mr Mark Irvine and South Lanarkshire Council
"Mr Irvine asked South Lanarkshire Council (the Council) for information from certain reports and minutes. The Council initially withheld the information, but following a review relased all of it with the exception of information in part of one report, which it considered to be exempt from disclosure under section 30 (b) (i) and (ii) of the Freedom of Information (Scotland) Act 2002 (FOISA). Mr Irvine remained disatisfied and applied to the Commissioner for a decision.
After investigation, the Commissioner did not accept that disclosure of the withheld information would or would be likely to (as the Council had argued) substantially inhibit either the free and frank provision of advice or the free and frank exchange of views for the purposes of deliberation. Consequently he ordered its disclosure."
The full decision (138/2011) can be read online at: http://www.itspublicknowledge.info/
See post dated 14 July 2011 - 'Censor Comes a Cropper' - for more details.