Ministry of Defence
- Date 30 June 2010
- Sector Central government
- Decision(s) FOI 17: Upheld, FOI 23: Not upheld, FOI 27: Not upheld
The complainant requested information held by the Ministry of Defence (MOD) relating to the Smithwick Tribunal. The MOD refused to disclose the information, citing sections 23, 24, 26, 27, 31 and 36. The Commissioner is satisfied that section 23 and section 27(1)(a) have been applied properly in relation to the withheld information. In relation to the information withheld under 27(1)(a) the Commissioner is satisfied that the public interest in favour of maintaining the exemption outweighs the public interest in favour of disclosing the information. Therefore the Commissioner finds that all of the requested information has been properly withheld, and requires no steps to be taken. The Commissioner also recorded a number of procedural breaches in relation to the handling of the request.