Cabinet Office
- Date 20 October 2022
- Sector Central government
- Decision(s) FOI 10(1): Upheld, FOI 35: Not upheld, FOI 35(1)(a): Not upheld, FOI 42(1): Not upheld
The complainant requested information from the Cabinet Office as to whether the Cabinet Secretary had requested any advice or guidance before making a determination regarding the legal and constitutional issues relating to the United Kingdom Internal Market Bill. The Cabinet Office confirmed that it held information falling within the scope of the request but that it considered this to be exempt from disclosure on the basis of section 35(1)(a) FOIA (formulation and development of government policy), 35(1)(c) FOIA (Law Officers’ advice) and section 42(1) FOIA (legal professional privilege). Section 21 FOIA (information accessible to the applicant by other means) was also cited which the complainant accepted. The Commissioner’s decision is that the Cabinet Office was entitled to rely on the exemptions at section 35(1)(a), section 35(1)(c) and section 42(1) in respect of the withheld information. However, the Cabinet Office breached section 10(1) FOIA by responding to the complainant beyond the legislative timeframe. The Commissioner does not require the Cabinet Office to take any further steps.