HM Treasury
- Date 9 June 2023
- Sector Central government
- Decision(s) FOI 40(2): Upheld, FOI 43(2): Upheld
The complainant requested from HM Treasury (HMT) information relating to Lord Amyas Morse and a formal agreement/contract concerning his appointment to lead a review of the Loan Charge . HMT responded to parts of the request but withheld information relating to part 4 and cited section 40(2) (personal information) and section 43(2) (commercial interests) of FOIA.
The Commissioner’s decision is that HMT was not entitled to withhold information to part 4 of the request under section 40(2) or section 43(2) of FOIA.
The Commissioner also finds HMT breached section 10 (time limits for compliance) of FOIA by not responding to the request within 20 working days.
The Commissioner requires HMT to take the following steps to ensure compliance with the legislation.
• Disclose the withheld information – the total gross amount paid to Lord Morse and the amount of tax and national insurance deductions
The public authority 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 the Act and may be dealt with as a contempt of court.