The complainant submitted a request to the Ministry of Justice (MoJ) regarding the basis upon which remaining papers concerning the case of the – ‘Shrewsbury 24’ were retained by the Cabinet Office rather than transferred to The National Archives. The MoJ provided the complainant with the majority of information requested but withheld some material on the basis of section 23(1) (security bodies); section 35(1)(a) (government policy); section 35(1)(b) (Ministerial communications); section 38(1)(b) (health and safety); section 42(1) (legal professional privilege) and section 40(2) (personal data). The complainant disputed the application of all of the exemptions with the exception of sections 23(1) and 40(2). The Commissioner has concluded that the section 42(1) has been correctly applied and the public interest favours maintaining that exemption. However, although he has found that section 35(1)(a) is engaged, he has concluded that the public interest favours disclosing the information withheld under this exemption. The Commissioner has also concluded that sections 35(1)(b) and 38(1)(b) are not engaged. The Commissioner requires the public authority to take the following steps to ensure compliance with the legislation. Provide the complainant with the information previously withheld on the basis of sections 35(1)(a) and 35(1)(b). Provide the complainant with the information previously withheld on the basis of section 38(1)(b).
Section of Act/EIR and Finding: FOI 35 – Complaint Upheld, FOI 38 – Complaint Upheld, FOI 42 – Complaint Not upheld
Citations:
[2013] UKICO FS50501793
Links:
Jurisdiction:
England and Wales
Information
Updated: 01 December 2022; Ref: scu.528904