Foreign, Commonwealth and Development Office FCDO (previously FCO)

The complainant has requested from the Foreign, Commonwealth and the Development Office (the FCDO) copies of all communication made by or on behalf of Prince Andrew to the FCDO, UK Trade and Investment or the British Embassy in Bahrain in relation to his visit to Bahrain between October 2001 and October 2003.
The FCDO provided some information within the scope of the request but withheld the remainder citing section 40 (personal information) and section 41 (information provided in confidence). During the course of the Commissioner’s investigation, the FCDO revised its position. It disclosed the information previously withheld, albeit with redactions on the basis of section 31 (law enforcement) and section 38 (health and safety).
The Commissioner’s decision is that the redacted information is not exempt from disclosure on the basis of section 31 or section 38 of FOIA. The Commissioner also found that the FCDO does not hold any further information falling within the scope of this request, beyond that previously located but breached section 10 (time for compliance with request) and section 17(1) (refusal notices).
The Commissioner requires the FCDO to take the following steps to ensure compliance with the legislation.
· Provide the complainant with a copy of the information it withheld on the basis of sections 31(1)(a) and 38(1)(a).
· In taking this step the FCDO can redact the name of a third-party individual (who for clarity is not Prince Andrew) on the basis of section 40(2) 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.