16 June 2015, Central government
The complainant requested information about a tender bid process in 2010 for legal aid work from the Legal Aid Agency, which is an executive agency of the Ministry of Justice (the ‘MOJ’). The request was refused on the basis that the MOJ deemed it vexatious in accordance with section 14(1) of FOIA because the complainant was acting as part of a campaign. In addition, the MOJ sought to rely on sections 44(1)(c), prohibitions on disclosure, contempt of court and 43(2), commercial interests in withholding the requested information. The Commissioner’s decision is that the MOJ has incorrectly applied section 14(1) of FOIA to this request. He finds, however, that the MOJ was correct to rely on section 44(1)(c). As a result the Commissioner has not gone on to consider the MOJ’s reliance on section 43(2). This decision notice is currently under appeal to the Tribunal.
FOI 44: Not upheld