Information Commissioner's Office

Cabinet Office

10 March 2016, Central government

The complainant submitted a request to the public authority for copies of evidentiary material which formed the basis of Lord Denning’s report following his inquiry into the circumstances leading to the resignation of John Profumo, a Cabinet Minister under Harold Macmillan’s government. He also asked for documentation held by the public authority relating to future plans for the evidence including its preservation. The Commissioner’s decision is that the public authority was entitled to rely on the exemptions at sections 21(1), 23(1), 35(1)(a) and (b) and 41(1) FOIA to withhold information within the scope of the request. He also finds that the public authority was entitled to rely on section 42(2) FOIA as the basis for neither confirming nor denying whether it holds information within the scope of the request in respect of which a claim to legal professional privilege could be maintained in legal proceedings. No steps are required.

FOI 21: Not upheld FOI 23: Not upheld FOI 35: Not upheld FOI 41: Not upheld FOI 42: Not upheld