Department for Transport
- Date 14 October 2024
- Sector Central government
- Decision(s) FOI 35(1)(a): Upheld, FOI 35(1)(b): Upheld, FOI 43(2): Partly upheld
The complainant has requested copies of any written assurances that the Department for Transport has issued about financial support to the Air Travel Trust (‘ATT’) and details of any financial support it has given to the ATT since 2018. The Department for Transport (‘the DfT’) relied on section 35(1)(a) of FOIA (formulation of government policy), section 35(1)(b) of FOIA (ministerial communications) and section 43(2) of FOIA (commercial interests) to refuse the request. The Commissioner’s decision is that although section 35(1)(a) and section 35(1)(b) of FOIA are engaged, the public interest is weighted in favour of disclosure. He also finds that the DfT is only entitled to rely on section 43(2) of FOIA to withhold part of the requested information falling under its reliance on this exemption. The Commissioner requires the DfT to take the following steps to ensure compliance with the legislation: Disclose the information it was relying on sections 35(1)(a) and 35(1)(b) of FOIA to withhold, and disclose the information it has withheld under section 43(2) that does not relate to interest rates or delegated spend and decision-making.