Summary: The complainant requested information concerning the government-™s espousal of torture claims. The public authority originally provided copies of responses to Parliamentary Questions (PQs) and informed the complainant that section 21 applied to all the information it held that was relevant to the request. It confirmed its position in an internal review but added that section 12 could be applied to part of the request. The public authority withdrew its reliance on section 21 and the Commissioner has not considered it further. However, the Commissioner has found that the public authority-™s subsequent application of section 12 was correct. He also found that the public authority did not offer reasonable advice and assistance in this case and has therefore found a breach of section 16(1). He also found two breaches of section 17(5). The Commissioner requires that the public authority goes back to the complainant and provides assistance about what can be provided within the costs limit in this case.
Section of Act/EIR & Finding: FOI 12 - Complaint Not upheld, FOI 16 - Complaint Upheld, FOI 17 - Complaint Upheld