Ministry of Defence

The complainant submitted a request to the Ministry of Defence (MOD) seeking a copy of a Watchkeeper’s Log for C Company, 2nd Battalion Royal Regiment Fusiliers covering the period of the McGurk’s bombing in Belfast in December 1971. The MOD provided the complainant with a copy of the log but redacted information on the basis of the following sections of FOIA: 24(1) (national security), 26(1)(b) (defence), 38(1)(a) and (b) (health and safety) and 40(2) (personal data). The complainant accepted that personal details would be redacted but sought to challenge the MOD’s reliance on the exemptions cited to withhold all other information. He also argued that the MOD was likely to withhold more information falling within the scope of his request. The Commissioner’s decision is that the MOD is entitled to withhold the redacted information on the basis of sections 38(1)(a) and (b) and 26(1)(b) of FOIA. The Commissioner is also satisfied that on the balance of probabilities the MOD does not hold any further information falling within the scope of the request. However, the Commissioner has concluded that the MOD breached sections 10(1) and 17(3) of FOIA as a result of the delays in processing the request.