Summary: The complainant requested from the public authority information relating to a prior information request that led to the issuing of a certificate pursuant to section 34 of the Act. In its refusal notice the public authority said it was unable to answer his request. Upon review it issued a certificate pursuant to section 36(7) signed by the Speaker of the House of Commons and stating that in his reasonable opinion the requested information was exempt from disclosure on the grounds provided for by section 36(2)(b) of the Act. The Commissioner-™s decision is that, given the section 36(7) certificate is conclusive, section 36 (2)(b) is engaged. As this exemption is absolute in relation to information held by the House of Commons, there is no public interest test to consider. Therefore the Commissioner has found that the public authority lawfully withheld the requested information.
Section of Act/EIR & Finding: FOI 10 - Complaint Upheld, FOI 17 - Complaint Upheld, FOI 36 - Complaint Not upheld