Information Commissioner's Office

Ministry of Justice

1 May 2008, Central government

The complainant requested from the Ministry of Justice (MoJ) a copy of the advice given to the Minister to issue an exhumation licence in principle for George Kelly; a copy of all communications with the National Offenders Management Service (NOMS) regarding this matter; and the records in relation to communications with a named individual. MoJ provided a copy of some of the communications with the individual but refused to disclose the advice to the Minister under section 36 of the Act and a record of a telephone conversation with the individual under section 40 and 41 of the Act. The Commissioner’s investigation found that the MoJ had failed to respond to part of the request (the communications with NOMS) in breach of the requirements of section 1(1). The Commissioner also found that refusal notice was in breach of the requirements of section 17(1) of the Act. The Commissioner found that the advice to the Minister was not exempt under section 36(2)(b) of the Act as the public interest favours disclosure of the information. However, he did find that the advice to the Minister was the personal data of a third party and therefore exempt under section 40(2). He also agreed that the note of the telephone conversation was exempt under section 40(2). The Commissioner requires the MoJ to respond to the outstanding part of the complainant’s request within 35 calendar days. Information Tribunal appeal EA/2008/0048 allowed.

FOI 40: Not upheld