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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