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ANNUAL REPORT 2014
The Ombudsman found it difficult to understand that the Ministry of Transport had not found grounds for granting the journalist access to the two exempted documents pursuant to the principle of increased access to files. The
Ombudsman pointed out that the provisions laid down in sections 23 and 24
of the Access to Public Administration Files Act were aimed at protecting the
authorities’ internal and political decision-making process. The Ombudsman
understood the need for confidentiality in relation to, among other things,
the ministerial services provided by the civil service – which was foreseen in
the provisions. The consequence would be that the scope of the principle of
increased access to public records was rather limited in this field, depending
on the circumstances – especially in cases of current interest. It should, however, be maintained that the principle of increased access to public records also
applies to documents regarding advisory services to ministers provided by the
civil service. In cases where no – as stated in the legislative history – ‘actual and
objective’ need for exempting information from public access exists it should
therefore be considered an option to grant public access to the files pursuant to
the principle of increased access to public records.
The Ombudsman found that if the Ministry of Transport maintained its assessment, the Ministry ought to give a real and specific explanation. Therefore, he
asked the Ministry to reopen the case in order to consider once again whether
there might be grounds for granting increased access to the two documents.
The Ministry of Transport subsequently reopened the case and gave access to
the two documents.
2014-31. SUPERVISORY VISIT TO MONITOR ACCESSIBILITY FOR THE
DISABLED AT THREE PICNIC AREAS
On 12 June 2014, the Ombudsman carried out monitoring visits in regard to
accessibility at the motorway picnic areas ‘Antvorskov Nord’, ‘Rønninge Nord’
and ‘Nørremark’. During the visits, the Ombudsman’s monitoring staff brought
forward a number of recommendations to the Danish Road Directorate which
subsequently informed the Ombudsman about the implementation of initiatives
based hereupon. The Ombudsman’s recommendations concerned signposting,
parking and eating spaces as well as lavatory facilities at the three picnic areas
in question.
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