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You are here: BAILII >> Databases >> Information Commissioner's Office >> House of Commons (Decision Notice) [2006] UKICO FS50073128 (04 September 2006)
URL: http://www.bailii.org/uk/cases/UKICO/2006/FS50073128.html
Cite as: [2006] UKICO FS50073128
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House of Commons (Decision Notice) [2006] UKICO FS50073128 (04 September 2006)
Summary: The complainant requested information in respect of the names and salaries of MPs-™ staff. The House of Commons withheld the names of MPs-™ staff on the basis that it is exempt from disclosure under section 36(7) and sections 38 and 40(2). The Commissioner found that information pertaining to the names of MPs-™ staff is information which is exempt from disclosure under the Act on the basis of a certificate signed by the Speaker of the House under section 36(7) of the Act. The Commissioner however, found that the House incorrectly applied the exemptions under sections 38 and 40(2) to the names of MPs-™ staff. The House of Commons withheld the salary details of MPs-™ staff on the basis that it holds this information on behalf of MPs and therefore that the information is not held by the House of Commons for the purposes of section 3(2) of the Act. In addition, the House argued that the salaries of MPs-™ staff are exempt from disclosure under section 40(2) of the Act. The Commissioner found that the House incorrectly applied section 3(2) of the Act to the salary details of MPs-™ staff. However, the Commissioner found that the House correctly applied the exemption under section 40(2) to the specific salary details of MPs staff.
Section of Act/EIR & Finding: FOI 36 - Complaint Not upheld, FOI 40 - Complaint Not upheld, FOI 3 - Complaint Upheld, FOI 38 - Complaint Upheld, FOI 40 - Complaint Upheld