Department for International Development

The complainant submitted a request to the Department for International Development (DFID) for copies of correspondence between it and the Foreign and Commonwealth Office (FCO) about the policy review and feasibility study into the resettlement of the Chagos Archipelago. The complainant also requested a list of this correspondence. DFID argued that the correspondence itself was exempt from disclosure on the basis of the following sections of FOIA: 27(1)(a) to (d) (international relations), sections 35(1)(a) and (b) (formulation and development of government policy and Ministerial communications),  40(2) (personal data) and 43(2) (commercial interests). Following an initial decision to withhold the list of the correspondence on basis of the same exemptions, it provided the complainant with a copy of the list during the course of the Commissioner’s investigation whilst maintaining its decision to withhold the correspondence itself. The Commissioner has concluded that the correspondence is exempt from disclosure on the basis of section 35(1)(a) and that in all of the circumstances of the case the public interest favours maintaining the exemption. The complainant raised concerns that DFID has not located all of the information it holds falling within the scope of the request. On this point, the Commissioner has concluded that on the balance of probabilities DFID does not hold any further information falling within the scope the request. However, she has also concluded that by failing to respond to the complainant’s request for a list of correspondence within 20 working days DFID breached section 10(1) of FOIA.