SUMMARIES OF SELECTED CASES
Tax Administration’s (SKAT) production plan for 2013. The journalist had
written to the Ministry that the Ministry would be using illegal methods if the
Ministry were to split the production plan up when giving the media access
to it, that he wanted access to the entire production plan and that the Ministry would be ‘saddled with an Ombudsman case’ if his request for access were
denied.
Subsequently, a special advisor from the Ministry of Taxation made a telephone
call to the journalist. The journalist recorded the telephone conversation, and
when he complained to the Ombudsman, he included an audio file of the conversation.
Firstly, the Ombudsman noted that the Ministry had not considered and made
a decision on the journalist’s request for access to the production plan. The Ombudsman found this to be very regrettable.
Furthermore, the Ombudsman stated, based on the audio file of the telephone
conversation between the journalist and the special advisor, that the reaction of
the Ministry of Taxation (by the special advisor) on the telephone to the journalist’s request was completely unacceptable.
In this connection, the Ombudsman attached importance to the fact that
during the telephone conversation, the special advisor had made remarks about
what had ‘provoked’ him, what he had perceived as ‘aggressive’, what he had
‘experienced’ other journalists doing in regard to ‘demanding things in that
specific manner’ and how he experienced being ‘threatened’ with an Ombudsman case. In addition to this, the special advisor’s remarks were likely to give
the impression that the journalist’s request might affect the future working
relationship between the Ministry and the journalist. In the Ombudsman’s
opinion, there seemed to be a very disturbing lack of understanding as to what a
special advisor’s role is (and specifically is not) in a situation such as this.
In view of the Ombudsman’s assessment of the reaction of the Ministry of Taxation (by the special advisor) on the telephone, the Ombudsman found cause,
pursuant to section 24 of the Ombudsman Act, to notify Parliament’s Legal
Affairs Committee and the Minister for Taxation of the case. Furthermore, the
Ombudsman found cause to notify Parliament’s Fiscal Affairs Committee.
The Ombudsman asked the Ministry of Taxation to inform him of any general
actions which his statement might cause the Ministry to take.
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