Department of Health Social Services and Public Safety

The complainant has requested a copy of the advice received by the Minister for Health, Social Services and Public Safety from the Attorney General for Northern Ireland in respect of the lifetime ban on men who have sex with men from donating blood in Northern Ireland. This was withheld by the DHSSPS. The Commissioner’s decision is that the exemptions applied by the DHSSPS (sections 42(1) and 35(1)(a) of FOIA) are engaged in relation to the withheld information, however the public interest in disclosure of the withheld information outweighs that in maintaining the exemption in all the circumstances of the case. The Commissioner requires the DHSSPS to disclose the withheld information to the complainant. Information Tribunal appeal GIA/465/2014 withdrawn.