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Ministry of Justice

  • Date 19 December 2016
  • Sector Central government
  • Decision(s) FOI 17: Upheld, FOI 35: Not upheld

The complainant requested a letter concerning the development of the British Bill of Rights. The Ministry of Justice (the ‘MOJ’) confirmed it held the requested information but refused to provide it citing sections 27(1) (international relations) and 35(1) (formulation of government policy etc.) of FOIA. The Commissioner’s decision is that the requested information is that section 35(1)(a) of FOIA is engaged and that in all the circumstances of the case the public interest favours maintaining the exemption. The Commissioner therefore did not proceed to consider the MOJ’s application of section 27(1) to the same information. She does not require the MOJ to take any steps as a result of this decision; however, the MOJ has breached section 17(1) of FOIA by failing to issue its refusal notice within 20 working days. Information Tribunal appeal EA/2017/0007 withdrawn.