Ministry of Justice
- Date 31 March 2010
- Sector Central government
- Decision(s) FOI 17: Upheld, FOI 35: Not upheld, FOI 42: Not upheld
The complainant requested information relating to Lord Falconer’s interpretation of the 1949 Marriage Act and the Human Rights Act at the time of the impending marriage of Prince Charles and Mrs Parker Bowles. The Ministry of Justice confirmed that it holds information relevant to the request but that it was exempt by virtue of section 42(1) (legal professional privilege). The public authority also neither confirmed nor denied whether it held any information relating to the provision of Law Officers’ advice, citing section 35(3). The Commissioner is satisfied that the exemptions are engaged and that the public interest in maintaining the exemptions outweighs the public interest in disclosure. However, the Ministry of Justice breached a procedural requirement of the Act.