HM Treasury

The complainant has requested information relating to meetings between HM Treasury (HMT) ministers or officials and representatives of Copper. HMT provided some information but refused to provide the remainder citing section 35 (formulation/development of government policy), section 40 (personal data), section 43(1) (trade secrets) and section 43(2) (commercial interests). After internal review, HMT clarified the number of meetings and who had attended them. It withdrew reliance on section 35 for some information but introduced it for other information it had found within scope as a result of the complainant’s clarification at internal review. It maintained reliance on section 43(1), disclosed some information it had withheld under section 43(2) and introduced reliance on section 27 (international relations) and section 29 (the economy). It disclosed further information during the course of the Commissioner’s investigation but maintained reliance on section 35(1)(a), section 40(2) and sections 43(1) and (2) for the remainder and introduced reliance on section 41(1) – information provided in confidence. The Commissioner’s decision is that HMT is entitled to rely on the exemptions it has cited for most of the withheld information. However, he has concluded that a small section is not exempt from disclosure. The Commissioner requires HMT to take the following steps to ensure compliance with the legislation: Disclose the information set out in the Confidential Annex to this Notice. The public authority must take these steps within 30 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.