Date 09th May 2013
Re; Freedom of Information Request 16/13
I refer to your request received under the Freedom of Information Acts 1997 and 2003, to access the following information:
“ Relating to the development of the Marina Park and the proposed sale/handover of land, including the land known as the Showgrounds and Marina Hall, to the GAA & Cork County Board for the redevelopment of Pairc Ui Chaoimh Stadium and the establishment of a “Centre of Excellence”.
1) All minutes, record notes (formal and informal), e-mails, diary entries and other documents relating to meetings between Cork City Council representatives and/or their agents, GAA representatives and/or their agents, Cork County Board representatives and/or their agents.
2) All minutes, record notes (formal and informal), e-mails, diary entries and other documents relating to that included any or all of the following organisations, companies, their representatives and/or their agents: Redscape, OKRA, O’Connor Sutton Cronin (engineers), Venhoeven CS (architects), Howley Hayes (conservation architects), Fehily Timoney (environment and ecology), Modus Operandi (art consultants), and Davis Langdon PKS (quantity surveyors) or any other members of the Marina Park design team.
3) All minutes of meetings that included any or all of the following organisations, companies, their representatives and/or their agents: Malachy Walsh & Partners, Consulting Engineers and Scott Tallon Walker Architects or any other members of the Pairc Ui Chaoimh redevelopment team”
Decision
A decision has been made to part grant your request.
I attach copies of the relevant documentation.
If you have any queries regarding this correspondence you can contact me at 021-4924037.
1) All minutes, record notes (formal and informal), e-mails, diary entries and other documents relating to meetings between Cork City Council representatives and/or their agents, GAA representatives and/or their agents, Cork County Board representatives and/or their agents.
This information is refused under
Section 27(1)(b) and (c) Commercially Sensitive Information
27. (1) Subject to subsection (2), a head shall refuse to grant a request under
section 7 if the record concerned contains
(b) financial, commercial, scientific or technical or other information whose disclosure could reasonably be expected to result in a material financial loss or gain to the person to whom the information relates, or could prejudice the competitive position of that person in the conduct of his or her profession or business or otherwise in his or her occupation, or
(c) information whose disclosure could prejudice the conduct or outcome of contractual or other negotiations of the person to whom the information relates.
Section 20(1) Deliberations of Public Bodies
20. (1) A head may refuse to grant a request under section 7 if the record concerned contains matter relating to the deliberative processes of a public body (including opinions, advice, recommendations, and the results of consultations, considered by the body, the head of the body, or a member of the body or of the staff of the body for the purpose of those processes).
and Section 21(1)(c) Functions and Negotiations of Public Bodies.
21.(1) A head may refuse to grant a request under section 7 if access to the record concerned could, in the opinion of the head, reasonably be expected to
(c) disclose positions taken, or to be taken, or plans, procedures, criteria or instructions used or followed, or to be used or followed, for the purpose of any negotiations carried on or being, or to be, carried on by or on behalf of the Government or a public body.
2) All minutes, record notes (formal and informal), e-mails, diary entries and other documents relating to that included any or all of the following organisations, companies, their representatives and/or their agents: Redscape, OKRA, O’Connor Sutton Cronin (engineers), Venhoeven CS (architects), Howley Hayes (conservation architects), Fehily Timoney (environment and ecology), Modus Operandi (art consultants), and Davis Langdon PKS (quantity surveyors) or any other members of the Marina Park design team.
This information is part granted. The report of Howley Hayes (Architectural Heritage Assessment) is attached.
The remaining information is refused under Section 20(1) Deliberations of Public Bodies.
3) All minutes of meetings that included any or all of the following organisations, companies, their representatives and/or their agents: Malachy Walsh & Partners, Consulting Engineers and Scott Tallon Walker Architects or any other members of the Pairc Ui Chaoimh redevelopment team”
This information is refused under Section 20 Deliberations of Public Bodies and Section 21 Functions and Negotiations of Public Bodies.
Right of Appeal
You may appeal this decision. Please note that a fee applies for an appeal, with the exception of an appeal against the imposition of a fee. The level of this has been set at €75.00. In the event that you need to make such an appeal, you can do so by writing to:
Ms Valerie O’ Sullivan
Director of Services,
Corporate and External Affairs,
Cork City Council,
City Hall,
Cork.
…enclosing the appropriate fee. Payment should be made by way of bank draft, money order, postal order or personal cheque payable to Cork City Council. You should make your appeal within 4 weeks (20 working days) from the date of this notification, however, the making of a late appeal may be permitted in appropriate circumstances. The appeal will involve a complete reconsideration of the matter by a more senior member of staff of Cork City Council.
Yours sincerely,
NOREEN MULCAHY
FREEDOM OF INFORMATION OFFICER

