HM Treasury

The complainant has requested correspondence exchanged between Rt Hon Rishi Sunak MP (when he was Chancellor of the Exchequer) and Theleme Partners (including named individuals). HM Treasury (“HMT”) refused to provide it citing section section 35(1)(d) (operation of ministerial private office), section 40(2) (personal data), section 41(1)(b) (information provided in confidence) and section 43(2) (commercial interests) as its basis for doing so. It upheld this at internal review. The Commissioner’s decision is that HMT is not entitled to rely on section 35(1)(d) in respect of some of the requested information. It is, however, entitled to rely on section 40(2), section 41(1)(b) and section 43(2) in respect of the remainder. The Commissioner requires HMT to take the following steps to ensure compliance with the legislation: Disclose the information identified as correspondence from Rishi Sunak in this Notice. This does not include any email addresses contained in that correspondence. HMT is entitled to withhold these under section 35(1)(d) or section 40(2) as explained in this Notice. 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.