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You are here: BAILII >> Databases >> Information Commissioner's Office >> Government Equalities Office (Decision Notice) [2010] UKICO FS50216279 (24 June 2010)
URL: http://www.bailii.org/uk/cases/UKICO/2010/FS50216279.html
Cite as: [2010] UKICO FS50216279
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Government Equalities Office (Decision Notice) [2010] UKICO FS50216279 (24 June 2010)
Summary: The complainant requested information relating to the government-™s decision to legislate at Westminster to implement an EU Gender Directive (2004/113/EC) in Northern Ireland under the auspices of the Sex Discrimination (Amendment of Legislation) Regulations 2008 which is a devolved matter in respect of Northern Ireland. The public authority disclosed some limited information at the time of the request and also made additional disclosures during the course of the investigation. However, the public authority withheld the remainder of the information on the basis of the exemptions at sections 28 (relations within the United Kingdom), 35(1)(a) (formulation of government policy), 35(1)(b) (ministerial communications), and 42 (legal professional privilege). The public authority further argued that it was excluded from confirming or denying whether it had sought and/or received Law Officers-™ advice on the issue by virtue of the provisions of sections 35(1)(c) and 35(3). The Commissioner finds that in all the circumstances of the case, the public interest favoured the public authority confirming whether or not it had sought and/or received Law Officers-™ advice. The Commissioner additionally finds that most of the disputed information (some of which was also withheld on the basis of section 42) was correctly withheld on the basis of the exemption at section 28(1). However, the remainder of the information (none of which was withheld on the basis of section 42) he found was not correctly exempt on the basis of section 28(1) and was also not exempt on the basis of the relevant exemptions at section 35. The Commissioner also finds the public authority in breach of sections 17(1) (refusal notice), 1(1)(a), and 1(1)(b) (right of access to information held by public authorities). Information Tribunal appeal number EA/2010/0135 has been disposed of by way of a consent order.
Section of Act/EIR & Finding: FOI 10 - Complaint Upheld, FOI 17 - Complaint Upheld, FOI 28 - Complaint Partly Upheld, FOI 35 - Complaint Not upheld, FOI 42 - Complaint Not upheld