12 October 2015, Central government
The complainant submitted a request to the public authority for information relating to the award of honours to the late Sir Cyril Smith, former MP for Rochdale. The public authority disclosed the vast majority of the information held within the scope of the request. The remaining information was withheld by the authority on the basis of the exemptions at sections 37(1)(b) and 40(2) FOIA. It also relied on the provisions in sections 23(5) and 24(2) FOIA as the basis for neither confirming nor denying whether the public authority held any information in scope subject to the exemptions at sections 23(1) and 24(1) FOIA. The Commissioner’s decision is that: The public authority was entitled to rely on the exemption at section 37(1)(b), and The public authority was entitled to rely on sections 23(5) and 24(2). No steps are required.
FOI 23: Not upheld FOI 24: Not upheld FOI 37: Not upheld