Information Commissioner's Office

National Archives

2 June 2008, Central government

The complainant made a request to The National Archives for access to the transcript and papers of the Fisher inquiry into the trial for the murder of Mr Maxwell Confait in 1972. The National Archives made some of the files relating to the inquiry available to the public; however it withheld substantial parts of the transcript evidence relying on sections 40(2) and 41 of the Act. As a result of the Commissioner’s investigation, it was revealed that most of this evidence was in the public domain at the time of the request. A redacted version of the transcript was made available to the complainant in January 2008. The redacted information relates mainly to the evidence of witnesses who were promised confidentiality when they participated in the Fisher inquiry. The Commissioner is of the view that this information is exempt by virtue of sections 40(2) and 41 of the Act. Therefore the Commissioner does not require The National Archives to take any remedial steps in relation to this request.

FOI 10: Upheld