Information Commissioner's Office

Summary: The complainant requested information about how many legal advisors to the government, both before and after the invasion of Iraq, either fully supported the view of Lord Goldsmith or expressed doubts as to its legality. The Cabinet Office interpreted the request as being limited to the number of advisors exmpressing a particular view, and responded stating that it did not hold the requested information, and at the internal review stage clarified that it did not collect information of the type requested. The Commissioner is satisfied that the Cabinet Office does not keep a specific record of the number of legal advisors that express a particular view, and has therefore found it complied with section 1(1)(a) in confirming that no information is held. However the Commissioner has decided that the Cabinet Office failed to provide sufficient advice and assistance in accordance with section 16 of the Act. He has ordered the Cabinet Office to explain how the request was interpreted and to explain the type of information it does record which is relevant, in order to assist the complainant in clarifying or redefining their request.
Section of Act/EIR & Finding: FOI 1 - Complaint Not upheld, FOI 16 - Complaint Upheld