58 | Annual Report 2019
the fact that in order for the project to be carried out, it
was a prerequisite that a number of bills for construction acts and for an act on the establishment of the
firm of Lynetteholmen I/S be introduced (and passed).
In addition, the Ombudsman agreed with the Prime
Minister’s Office that the documents to which the journalist had been denied access could be considered to
be part of the case concerning legislation. In reaching
this conclusion, the Ombudsman gave weight to the
fact that the documents concerned the Government’s
internal decision processes just prior to the decision
to initiate the construction project. The documents
thus had a direct and close connection with the legislative-political decision process, including in terms
of time.
On that basis, the Ombudsman could not criticise the
decision of the Prime Minister’s Office.
Ministry of Health
No statements on cases concluded in 2019 have
been published.
The Ministry was of the opinion that disclosure of the
information would adversely affect the political negotiations on Togfonden.
The Ministry informed the Ombudsman that the
information to which the journalist had been denied
access concerned the Government’s strategy for
the political negotiations with the signatory parties
to Togfonden DK in relation to the prioritisation of a
number of projects. The Ministry also informed the
Ombudsman that the signatory parties did not include
the government parties and that the Government did
not support the signatory parties.
According to the Ministry, political negotiations were
still pending in relation to the vast majority of the
projects despite the fact that the memorandum
concerned the handling of Togfonden 2017, and the
prioritisation of the projects was of central importance in the political discussions. In the Ministry’s
opinion, non-disclosure of the information was therefore clearly required in order to protect the political
decision process in relation to a number of infrastructure projects.
Ministry of Transport and Housing
The following statement on a case concluded in 2019
has been published:
On that basis, the Ombudsman had no grounds for
criticising the Ministry’s decision.
2019-21. Ministry entitled to deny access to
environmental information in memorandum on
strategy
A journalist complained to the Ombudsman because
the Ministry of Transport, Building and Housing had
denied him access under the provision in section
13(1) paragraph (6) of the 1985 Access to Public Administration Files Act, cf. the Environmental Information Act, to various information in a memorandum on
the strategy for handling Togfonden 20172.
Ministry of Higher Education and Science
2) Togfonden DK (‘The Train Fund’) is a political settlement
on major investments in the Danish rail network.
No statements on cases concluded in 2019 have
been published.
Ministry of Foreign Affairs
No statements on cases concluded in 2019 have
been published.
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