Ministry of Justice
- Date 18 December 2018
- Sector Central government
- Decision(s) FOI 31: Not upheld, FOI 41: Upheld
The complainant requested transcripts of interviews with judges relating to their views on the effects and impact of unrepresented defendants in courts. The Ministry of Justice (the ‘MOJ’) refused to provide the requested transcripts, citing section 41 of FOIA (information provided in confidence). During the course of the Commissioner’s investigation, the MOJ also relied on section 31(1)(c) of FOIA (the administration of justice). The Commissioner’s decision is that the MOJ is not entitled to rely in section 41 for the reasons outlined in this notice. She also finds that section 31(1)(c) is engaged, and that the public interest test favours withholding the requested information. She does not require the MOJ to take any steps to ensure compliance with the legislation. Information Tribunal appeal EA/2018/0292 dismissed.