Cabinet Office

The complainant has requested information relating to the potential awarding of a peerage to Alister Jack MP .The Commissioner’s decision is that the Cabinet office was not entitled to rely on section 37(2)(b), read together with section 37(1)(a), to neither confirm nor deny that it held the requested information as the public interest did not favour maintaining the exemption. The Commissioner further decided that the Cabinet Office was also not entitled to rely on section 40(5B)(a)(i) to neither confirm nor deny the requested information is held. The Commissioner’s decision is therefore that the Cabinet Office has breached section 1(1)(a) of FOIA in that it failed to confirm nor deny whether it held information within the scope of the request. The Commissioner requires the Cabinet Office to take the following steps to ensure compliance with the legislation. The Cabinet Office must confirm or deny that it holds the requested information. If it does hold the information, disclose it, or provide a refusal notice in accordance with its obligations under section 17 of FOIA.  First-tier Tribunal (General Regulatory Chamber) Information Rights appeal FT/EA/2024/0186 disposed of by consent order.