Ministry of Defence

The complainant submitted a request to the Ministry of Defence (MOD) for the Captain’s patrol reports of a particular submarine, HMS Turpin, during the period 1955-57. The MOD confirmed that it held information falling within the scope of this request but considered it to be exempt from disclosure on the basis of sections 26(1)(a), 26(1)(b) and 27(1)(a) of the Act. Furthermore the MOD also relied on sections 23(5) and 24(2) to refuse to confirm or deny whether any of the information falling within the scope of the request was also exempt from disclosure on the basis of sections 23(1) and 24(1). The Commissioner concluded that the withheld information is exempt from disclosure on the basis sections 26(1)(a) and 26(1)(b). The Commissioner has also concluded that sections 23(5) and 24(2) have been correctly relied upon as a basis upon which to refuse to confirm or deny whether the requested information is also exempt from disclosure on the basis of sections 23(1) or 24(1). Information Tribunal appeal number EA/2011/0184 dismissed.