SUMMARIES OF SELECTED STATEMENTS
In addition, the Ombudsman understood the woman’s request to mean that no
matter whether there were in actual fact documents referring to a question she
had asked the Ministry she wanted the Ministry to reply to the question. The
Ombudsman therefore asked the Ministry to respond to the woman’s question.
N. MINISTRY OF TAXATION
The following statements on cases concluded in 2014 have been published:
2014-3. NO ACCESS TO DOCUMENTS BY SPECIAL ADVISER AS PART
OF MINISTER’S PARTY POLITICAL WORK
Independently of each other, two journalists complained to the Ombudsman
about the Ministry of Taxation having denied them access to documents written and sent to one or more media houses by the Ministry’s special adviser.
The documents dealt with earmarked paternity leave. The Ministry had denied
access to the requests on the grounds that the assignment in question was not
connected to the Minister’s capacity as minister but to his duty as party politician, and therefore the documents were not encompassed by the rules of the
Access to Public Administration Files Act.
The journalists questioned whether the assignment was linked to the Minister’s
duty as minister or as party politician and also questioned the boundaries of a
special adviser’s lawful work duties as an employee on the Ministry’s payroll.
The Ombudsman did not find grounds for criticising the Ministry of Taxation’s
decisions.
Therefore, the Ombudsman agreed with the Ministry that according to the
listed circumstances, the assignment was not linked to the Minister’s function
as minister in relation to the Access to Public Administration Files Act but to
his function as party politician, and therefore there was no access pursuant to
the Access to Public Administration Files Act. In addition to that, since special
advisers supposedly may advise and aid within wide limits in regard to the
Minister’s party duties, the Ombudsman found no reason to criticise the Ministry’s perception of the assignment as being lawful for the special adviser.
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