HM Treasury

The complainant has requested copies of notes from meetings between Sir Amyas Morse (now Lord Morse) and Mel Stride MP, and Sir Amyas Morse and Ray McCann. The public authority, HMT, provided some information whilst withholding information regarding the meeting with Mel Stride in reliance of FOIA section 41(1), information provided in confidence. The Commissioner’s decision is that HMT is entitled to rely on the exemption at FOIA section 41(1) to withhold the information. Under FOIA section 17(3) HMT extended the time for compliance to consider the public interest test with regard to FOIA section 35, however it failed to provide information which the applicant was entitled to within the (newly set) time for the compliance. In respect of the further delay, beyond 40 working days, the Commissioner finds a breach of FOIA section 10(3). In the circumstances of this case HMT also breached FOIA sections 17(1)(b) by failing to identify its reliance on the exemption at FOIA section 41 within 20 working days and 17(3) in delaying its substantive response. The Commissioner does not require further steps.