Summary: The public authority requested the formal notice and other additional information in relation to infraction proceedings brought against the UK Government by the European Commission regarding the transposition of Council Directive 2000/78/EC (establishing a general framework for equal treatment in employment and occupation). The public authority refused to disclose the information on the basis of the exemptions at sections 27(1)(b) and 36(2)(c), and additionally sought to rely on the exemption at section 27(1)(c) during the course of the Commissioner-™s investigation. The Commissioner found that section 27(1)(b) was not engaged but concluded that the exemption at section 36(2)(c) was correctly engaged. The Commissioner also found that in all the circumstances of the case the public interest was in favour of maintaining the exemption at section 36(2)(c). The Commissioner did not therefore need to exercise his discretion as to whether or not to accept the late reliance on the section 27(1)(c).
Section of Act/EIR & Finding: FOI 17 - Complaint Upheld, FOI 27 - Complaint Upheld, FOI 36 - Complaint Not upheld