Cabinet Office

The complainant has requested a complete copy of a letter dated 12 April 2002 sent from The (then) Prince of Wales to Prime Minister Tony Blair, and any correspondence or communications relating to the letter between Prime Minister Blair and The Prince of Wales or between Prime Minister Blair and Alistair Campbell/Margaret Beckett.
The Cabinet Office initially confirmed that they held the letter requested and a copy of a reply from Prime Minister Blair. They confirmed that they did not hold any other requested correspondence or communications relating to the letter.
With regard to the information held that was environmental, the Cabinet Office advised that this was exempt from disclosure under regulation 13(1)(third party personal data) of the Environmental Information Regulations 2004 (EIR). With regard to the information held that was non-environmental, the Cabinet Office advised that this was exempt from disclosure under sections 37(1)(aa)(communications with or on behalf of the heir to the Throne) and 40(2)(third party personal data).
At the internal review stage the Cabinet Office revised part of their response in stating that they had previously confirmed in error that they held a reply to the Prince of Wales’s letter from Prime Minister Blair. In respect of that requested information the Cabinet Office neither confirmed nor denied whether they held the same under section 37(2) of the FOIA.
During the Commissioner’s investigation the Cabinet Office further revised their position and advised that they were of the view that none of the information contained in the letter was environmental information. Consequently, the Cabinet Office maintained that all of the information contained in the letter was instead exempt under section 37(1)(aa) of the FOIA.
The Commissioner’s decision is that some of the information contained in the letter is environmental information and so is subject to the EIR and not the FOIA. Therefore the Cabinet Office will need to provide a response to the relevant parts of the request under the EIR as well as the FOIA. In respect of the information contained within the letter which is not environmental information, the Commissioner finds that this information was correctly withheld by the Cabinet Office under section 37(1)(aa).
The Commissioner considers that any reply from Prime Minister Blair to The Prince of Wales’s letter would (if held) be likely to contain environmental information. Consequently the Cabinet Office will need to provide a response to this part of the request under the EIR as well as the FOIA. With regard to any non-environmental information which would be contained in such a reply (if held) the Commissioner finds that the Cabinet Office were entitled to provide a NCND response to the same under section 37(2).
The Commissioner is satisfied, on the balance of probabilities, that the Cabinet Office do not hold the further correspondence requested which relates to the Prince of Wales’s letter.
The Commissioner requires the Cabinet Office to take the following steps to ensure compliance with the legislation.
In respect of part 1 of the request, provide a revised response under the EIR either disclosing to the complainant the relevant information held or else withholding the information under an exception(s).
In respect of part 2 of the request, confirm or deny whether environmental information is held under the EIR and if any information is held either disclose it or refuse to disclose using an exception(s).
The Cabinet Office 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 FOIA and may be dealt with as a contempt of court.