Department for Exiting the European Union
- Date 4 March 2019
- Sector Central government
- Decision(s) FOI 35(1)(d): Upheld, FOI 40(2): Upheld
The complainant has requested information on correspondence and communications between the European Research Group (‘the ERG’) and Mr Stewart Jackson (Special Adviser at the time of the request) and ERG and Mr Steve Baker, at the time of the request Parliamentary Under-Secretary of State for exiting the European Union. The Commissioner’s decision is that the Department for Exiting the European Union (‘DExEU’) is not correct in its application of the exemptions at section 35 and 40 FOIA. The Commissioner requires the public authority to take the following steps to ensure compliance with the legislation.
- Disclose the sentence withheld in reliance of section 35(1)(d).
- Disclose the names and official email addresses of Members of the House of Commons and the House of Lords and Members of the European Parliament included in the emails determined to be in the scope of the request.
The public authority must take these steps within 35 calendar days of the date of this decision notice. Failure to comply may result in the Commissioner making written certification of this fact to the High Court pursuant to section 54 of the Act and may be dealt with as a contempt of court.