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ANNUAL REPORT 2017
The Ombudsman carried out an assessment of the Agency’s average actual
processing time in 2016. As there is no legislation on the processing times of
the Tax Appeals Agency for appeals against decisions on access of a party to
a case to documents of the case, the Ombudsman made a specific assessment
of whether the Agency’s average processing time for such appeals was acceptable.
Factors which entered into the Ombudsman’s assessment included that the
Tax Administration Act sets out a number of time limits, including for tax
assessment and appeals, to be observed by both tax authorities and taxpayers,
and that in a number of instances, a processing time which is considerably
shorter than five months is necessary in order that these time limits can be
observed. In addition, the Ombudsman was of the opinion that the Agency’s
average processing time was not in line with the time limit set out by the
Public Administration Act for decisions at first instance on access of a party
to a case to documents of the case.
In the Ombudsman’s opinion an average of just over five months therefore
exceeded what was an acceptable processing time for appeals against decisions
on access of a party to a case to documents of the case.
After being contacted by the Ombudsman on the matter, the Tax Appeals
Agency transferred these appeals to a newly established division for processing
and gave priority to them in order that they would be processed as quickly as
possible.
L. PRIME MINISTER’S OFFICE
The following statement on a case concluded in 2017 has been published:
2017-26. Requirement to extract and grant access to certain
information is also applicable to documents with speech notes
A journalist complained to the Ombudsman because he had received a partial
refusal from the Prime Minister’s Office of access to documents about the
American whistle-blower Edward Snowden.
In the Ombudsman’s opinion access to the documents to which the journalist’s
complaint related could be denied under section 24(1) paragraph (2) of the Access to Public Administration Files Act on ministerial advice and assistance.
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