Cabinet Office

The complainant has requested information on the spending in respect of the government leaflet ”Why the Government believes that voting to remain in the European Union is the best decision for the UK.” The Cabinet Office (‘CO’) initially sought to withhold the information in reliance of section 43(2) (Commercial interests). During the Commissioner’s investigation the CO disclosed the majority of the information, however, the remaining information was withheld on the basis of section 43(2) and section 41(1) (Information provided in confidence). The Commissioner’s decision is that the CO is not entitled to rely on the exemptions at sections 41(1) and 43(2). She finds that the section 41(1) exemption is not engaged and although the section 43(2) exemption has been correctly applied, the public interest favours disclosure of the information. The Commissioner requires the public authority to disclose the remaining withheld cost in respect of the leaflet to ensure compliance with the legislation.