Pubs Code Adjudicator
- Date 21 July 2020
- Sector Central government
- Decision(s) FOI 10: Upheld, FOI 17: Upheld, FOI 36: Partly upheld
The complainant has requested information regarding a voluntary agreement entered into by six companies. The Pubs Code Adjudicator refused to supply any information within the scope of the request as it believed that to do so would prejudice the effective conduct of public affairs. The Commissioner’s decision is that the Adjudicator is not entitled to rely on 36(2)(c) of the FOIA to withhold the requested information as the exemption is not engaged. She finds that section 36(2)(b)(i) and section 36(2)(b)(ii) are both engaged, but only in respect of some of the withheld information. Where the exemptions are engaged, the public interest favours maintaining the exemptions. The Adjudicator also failed to respond within 20 working days, thus breaching sections 10 and 17 of the FOIA. The Commissioner requires the Adjudicator to take the following steps to ensure compliance with the legislation: disclose, to the complainant, the information identified in the confidential annex to this notice. Information Tribunal appeal EA/2020/0265 appeal allowed.