122
annual report 2011
With regard to the minimum interest amount payable, SKAT and the Corporate Group Centre under the Ministry of Taxation referred to SKAT’s legal
guide, which set the minimum amount at DKK 200. SKAT wrote that the
minimum amount had been carried over from a 1987 departmental circular.
The Ombudsman recommended SKAT and the Corporate Group Centre to
investigate whether SKAT had a legal basis to maintain a DKK 200 minimum
on refunds.
(Case No. 2009-0174-200)
13-4. Case processing time for request for access to
Minister’s appointment book and other information
On 6 August 2010 the Ministry of Taxation received a request for access to
information about the Minister’s entertainment costs since his appointment in
2007, to his appointment book, to information about his domestic and international travels and to information about benefits in kind ‘granted’.
On 3 September 2010 the Ministry declined to give access to the Minister’s
a ppointment book. On 17 November 2010 the Ministry granted access to the
rest of the requested information.
The Ombudsman did not criticise the Ministry’s case processing time. However, the Ombudsman did find that the Ministry ought to have made a decision
on the request for access to the Minister’s appointment book as soon as possible
after receiving the request.
The Ombudsman gave weight to the facts that there were two ministries involved in the case and that the two ministries had followed different practices
when classifying the Minister’s meetings as official and non-official, respective
ly. This had made it difficult to determine which documents were covered by
the request. The Ombudsman also took into considerable account the volume
of material procured and that the applicant had been regularly informed of the
reason for the delay and of when a decision could be expected.
With regard to access to the Minister’s appointment book, the Ombudsman
found it important that reference was made in the decision to the fact that ministers’ appointment books as such are not covered by the Act on Public Access
to Documents on Public Files. As the Ministry had thus at no point in time
doubted that the request for access to the Minister’s appointment book was to
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