Information Commissioner's Office

Office of the First Minister and deputy First Minister

11 August 2015, Central government

The complainant has requested information relating to special advisers’ pay. The Office of the First Minister and deputy First Minister (OFMDFM) has failed to respond to the request; therefore the Commissioner’s decision is that OFMDFM has failed to comply with section 10(1) of the FOIA. The Commissioner requires the public authority respond to the complainant’s request: Firstly, confirm or deny that the requested information is held (or, if the public authority decides to refuse to confirm or deny that any of the requested information is held, then a refusal notice should be issued that complies with the requirements of section 17 of the FOIA which should include the outcome of any public interest considerations). Secondly, and subject to the above, if the information is held the public authority must either disclose the requested information or, if it wishes to withhold any information, issue a refusal notice in relation to the information it wishes to withhold (which should include the outcome of any public interest considerations) and disclose the remainder. The public authority must take these steps within 35 calendar days of the date of this decision notice. Failure to comply may result in the Commissioner making written certification of this fact to the High Court pursuant to section 54 of the FOIA and may be dealt with as a contempt of court.

FOI 10: Upheld