Cabinet Office

The complainant submitted a request to the Cabinet Office for copies of correspondence either The Queen or the Duke of Edinburgh may have exchanged with the Prime Minister between May 1996 and February 1998 about the Royal Yacht. The Cabinet Office refused to confirm or deny whether it held any information falling within the scope of the request on the basis of the exemption contained at section 37(2) of FOIA, by virtue of sections 37(1)(a) (communications with the Sovereign) and 37(1)(ac) (communications with, or on behalf of, a member of the Royal Family). The complainant sought to challenge the Cabinet Office’s reliance on section 37(2) in relation to correspondence with the Duke of Edinburgh. He also argued that the Cabinet Office was likely to hold environmental information falling within the scope of his request and that such information should be provided to him under the Environmental Information Regulations. The Commissioner has concluded that section 37(2) is engaged in respect of correspondence the Prime Minister may have had with the Duke of Edinburgh and that in the circumstances of the case the public interest favours maintaining the exemption. She has also concluded that on the balance of probabilities the Cabinet Office does not hold any environmental information falling within the scope of the request.