HM Treasury

The complainant requested from HM Treasury a copy of the report into the review of the programme to replace Trident conducted by its Major Projects Review Group (“MPRG”). HM Treasury, after a very lengthy delay, provided a small amount of information and withheld the remainder under the exemptions in sections 26, 27, 33, 35, 36 and 43(2) of FOIA. During the course of the Commissioner’s investigation, HM Treasury changed its position. It confirmed that it did not in fact hold, at the time that the request was made, any information falling within the scope of the request. The Commissioner’s decision is that HM Treasury has breached section 1(1)(a) by not informing the complainant that it did not hold any information falling within the scope of his request at the time that it was made. It also breached section 10(1) by not complying with section 1(1) within 20 working days of receipt of the request. However, the Commissioner does not require HM Treasury to take any further steps to ensure compliance with the legislation.