The complainant asked the Attorney General’s Office (AGO) to provide a full version or summary of the advice the Attorney General provided on the application of human rights legislation regarding the operation of British armed forces in Iraq. The complainant also requested correspondence about this advice between the AGO and legal advisers at the MOD, FCO and the Armed Forces. The AGO refused to disclose the advice relying on section 35(1)(c) – Law Officer’s advice and section 42(1) – legal professional privilege. The AGO also relied on these sections 35(3) and 42(2) to refuse to confirm or deny whether it held correspondence of the nature requested. The Commissioner has decided that the AGO was correct to withhold the advice itself on the basis of section 42(1) however he has also concluded that the public interest under sections 35(3) and 42(2) favours confirming whether the AGO holds correspondence of the nature requested by the complainant.
Section of Act/EIR and Finding: FOI 10 – Complaint Upheld, FOI 17 – Complaint Upheld, FOI 42 – Complaint Not upheld
 UKICO FS50195214
England and Wales
Updated: 07 July 2022; Ref: scu.531220