Summary: The complainant requested information relating to a meeting between Tony Blair and the Countryside Alliance. The public authority refused to confirm or deny it held information relating to the provision of Law Officers-™ advice in accordance with the provisions of sections 35(1)(c) and 35(3) (Information relating to the provision of Law Officers-™ advice). The Commissioner found that the exemption was engaged and the public interest in maintaining the exemption outweighed the public interest in disclosure. The public authority however withheld the information it held on the basis of the exemptions at sections 36(2)(b)(i) (free and frank provision of advice) and 35(1)(a) (formulation or development of government policy) in the alternative, and additionally 41(1) (Information provided in confidence). The Commissioner first considered whether the information withheld on the basis of section 36(2)(b)(i) was exempt on the basis of section 35(1)(a) because the Act stipulates that it is the former exemption rather than the latter that can be used as an alternative exemption.
Section of Act/EIR & Finding: FOI 10 - Complaint Upheld, FOI 17 - Complaint Upheld, FOI 35 - Complaint Not upheld, FOI 36 - Complaint Upheld, FOI 41 - Complaint Not upheld