Summary: The complainant requested the settled legal advice regarding the Health and Safety (Offences) Bill 2008 from the Department for Work and Pensions (the -DWP-). The complainant also asked the DWP to provide the other opinions, information or documents referred to at paragraph 16 of an Information Tribunal Decision EA/2010/0044. Additionally he requested all available information relating to research carried out, commissioned, or received by the Government as to the anticipated factual impact of the proposed measure. The requested information was refused by the DWP on the grounds of the exemption provided by section 42(1) of the Freedom of Information Act (the -Act-), relating to legal professional privilege. The Commissioner-s decision is that the withheld information attracts legal professional privilege and in all the circumstances of the case, the public interest in maintaining the exemption outweighs the public interest in disclosure. Information Tribunal appeal number EA/2011/0206 dismissed.
Section of Act/EIR & Finding: FOI 42 - Complaint Not upheld