Fermanagh and Omagh District Council's Chief Executive has acknowledged "serious concerns" after it emerged that key dog-breeding records were destroyed on the same day the Information Commissioner's Office (ICO) ordered them to be preserved.
Chief Executive Alison McCullagh briefed councillors privately as the ICO launches a formal investigation into why the documents, at the centre of a long-running Freedom of Information battle, were wiped despite a legal protection notice.
While the matter was raised at the recent Policy and Resources Committee meeting, Chief Executive Alison McCullagh agreed to provide an update, but only in confidential business from which the Press and public are excluded.
The matter began as a Freedom of Information (FOI) request in January 2024 seeking disclosure of dog breeding licences and inspection reports dating back to 2015.
Initially, the council refused, and the requester complained to the ICO, who ordered the records to be released.
The council appealed this, contending, among other reasons, that disclosure would compromise the commercial interests of licence holders.
It was also claimed that dog breeding is an issue which "Attracts a significant degree of debate and controversy in Northern Ireland. It can be a very emotive issue, with some very trenchant criticisms, and there have on occasion, been instances of criminal violence perpetrated at dog breeders' premises, including arson attacks."
The council also argued that: "Disclosing the inspection scores would not add to the public understanding of the inspection regime."
The appeal was dismissed in February this year, and the decision was signed off on June 15 this year.
However, on that day, the records were destroyed and instead of the information, the complainant received a 'Record of Destruction' letter.
This set out how the council destroyed a large volume of documents covering 2015 to 2023, including dog breeding and block licences, inspection reports and associated records.
Invoking powers under Section 51 of the Freedom of Information Act 2000 the ICO ordered the council to explain the decision to destroy the records and confirm if this action affected any live information requests
Failure to comply could lead to High Court action.
A council spokesperson previously advised: "All relevant information has been provided to the ICO."
Ulster Unionist Councillor Mark Ovens raised the issue at committee, telling members: "I note significant Press interest in terms of an ICO ruling which relates to serious allegations that this council has destroyed records on the same day the ICO ordered them to be protected."
He requested an update as: "I find this very concerning".
In response, Ms McCullagh stated: "Obviously I share these concerns. I am happy to provide an update during confidential business and the reason for that is that I am aware the ICO has commenced an investigation. It would therefore be inappropriate for me to comment publicly."
Meanwhile, an ICO spokesperson said: "We can confirm that we are assessing a complaint. We are unable to comment on ongoing cases."