Cabinet Office

The complainant has requested a copy of any Propriety and Ethics Team assessments or guidance relating to Peter Bone’s appointment as Deputy Leader of the House of Commons. The Cabinet Office refused to confirm or deny whether the information was held citing section 40(5B) of FOIA (third party personal information) and section 36(3) (prejudice to the effective conduct of public affairs). The Commissioner’s decision is that section 40(5B) and section 36(3) by virtue of sections 36(2)(b)(i) and 36(2)(b)(ii) do not apply. Section 36(3) by virtue of section 36(2)(c) is engaged but the public interest balance in confirming or denying whether the information is held is greater than the public interest in maintaining the exemption. The Commissioner requires the public authority to take the following steps to ensure compliance with the legislation - Confirm or deny whether it holds the requested information; and, if it does: Either provide the information to the complainant or issue a fresh refusal notice that complies with section 17 of FOIA. 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.