Information Commissioner's Office

Cabinet Office

3 February 2015, Central government

The complainant has requested correspondence and other information connected with the drafting of legislation whereby the Duchy of Cornwall is not criminally liable under the provisions of the Wildlife and Countryside Act 1981. The Cabinet Office refused to provide this citing section 35 (government policy exemption) and section 42 (legal professional privilege exemption) as its basis for doing so. It upheld this position at internal review. The Commissioner’s decision is that the Cabinet Office is entitled to rely on section 42 as its basis for withholding the requested information. No steps are required. Information Tribunal appeal EA/2015/0034 dismissed.

FOI 35: Not upheld FOI 42: Not upheld