Recurrent: Ministry of Agriculture, Fisheries and Food

Recurred resolution: R/0983/2024

In exercise of the right of access to public information, a request was submitted to the Ministry of Agriculture, Fisheries and Food for access to the nominal list of productivities and gratuities paid in the year 2023 within the scope of the department; to the criteria for the distribution of such amounts and the degree of budgetary execution of the appropriations destined for such remuneration, as well as the budgetary modifications that have affected them and may have occurred.

The Administration initially denies access to the requested information on the grounds that the same information has already been requested by the Personnel Board, of which the claimants are a part, and the information has been transferred on paper. In the light of the complaint filed, which states, among other things, that the information requested by the Personnel Board and the information requested by the claimants are not consistent, the Ministry provides information on the distribution criteria and the execution of the budget, reaffirming its considerations on the inappropriateness of providing the nominative list of recipients of extraordinary remuneration and bonuses in the year 2023 within the scope of MAPA.

The Council considers the claim considering that the denial of access to the public information requested has not been based on any of the causes of inadmissibility or limits provided for in the LTAIBG, being, furthermore, notorious and consolidated its doctrine that recognizes access to this type of information.

Thus, whether the general rule requiring that the decision on access to the remuneration of public officials and employees be adopted by means of the weighting provided for in Article 15.3 of the LTAIBG is applied, or whether the fact that the legislator has already carried out the weighting [in Article 23.3.c) LMRFP] and has established the obligation for the Administration to give public knowledge of the amounts received by “each official” as variable remuneration to the other officials of the department and agency concerned, as well as to the trade union representatives, the conclusion must be to recognize in this case, given the circumstances of full access requested.