Information Commissioner's Office

Department for Culture Media and Sport

22 December 2008, Central government

The complainant requested information relating to any meetings between Tessa Jowell, the secretary of state for culture, media and sport, and Lord Birt since August 1 2004, as well as any briefing material, letters, memos, emails, memorandums of conversations which were prepared for or connected with these meetings. The public authority confirmed that it held information of that description but sought to withhold it, citing the exemptions under sections 35(1)(a) and 36(2)(b) of the Act. The Commissioner’s decision is that, although the information is exempt under section 35(1)(a), the public interest lies in disclosing the information. As the Commissioner has found that the information is exempt under section 35(1)(a), it is not exempt under section 36(2)(b) of the Act. Accordingly, the Commissioner requires the public authority to disclose the withheld information within 35 days of the date of this Notice. The Commissioner also finds that the public authority breached section 10(1) in that it breached the time limit set out in the Act, and sections 17(1) and 17(3) in that it failed to provide an adequate refusal notice to the complainant. Information Tribunal appeal EA/2009/0004 has been withdrawn

FOI 10: Upheld FOI 17: Upheld FOI 35: Upheld