HM Treasury

The complainant submitted a request to HM Treasury (HMT) seeking copies of the weekly public polling questions conducted by Hanbury Strategy and Communications on behalf of HMT. HMT withheld the information on the basis of sections 35(1)(a) (formulation and development of government policy) and 43(2) (commercial interests) of FOIA. It subsequently argued that if section 35(1)(a) was found not to apply then it would to seek to rely, in the alternative, on section 36(2)(c) (effective conduct of public affairs). The Commissioner’s decision is that the withheld information is exempt from disclosure on the basis of section 43(2) and that in all the circumstances of the request the public interest favours maintaining the exemption.