Ministry of Defence

The complainant contacted the Ministry of Defence (the MOD) to request information concerning the McGurk’s Bar Massacre of 4 December 1971. The MOD responded that determining whether relevant information was held would exceed the appropriate costs limit. The complainant refined his request but the MOD stated that compliance with the revised request would still exceed the costs limit. The internal review carried out by the MOD upheld this decision. The Commissioner has investigated and finds that compliance with either request would exceed the appropriate costs limit and, therefore, the MOD was correct to apply section 12(2). The Commissioner also finds that the MOD provided adequate advice and assistance to the complainant under section 16(1) of the Act but that it breached section 17(5) in issuing its refusal notice outside the statutory time frame. The Commissioner requires no further remedial steps to be taken.