Information Commissioner's Office

Attorney Generals Office

10 May 2016, Central government

The complainant submitted to a request to the Attorney General’s Office (AGO) for all guidance and correspondence received and sent by the Attorney General which related to the creation of the ministerial veto which was issued to prohibit the release, under FOIA, of The Prince of Wales’ correspondence with government departments. The AGO refused to disclose the information on basis of sections 35(1)(a) (formulation and development of government policy); 35(1)(b) (Ministerial communications); and 42(1) (legal professional privilege). The AGO also relied on section 35(3) to refuse to confirm or deny whether it held advice provided by the Law Officers or requests for such advice. The Commissioner has concluded that the withheld information is exempt from disclosure on the basis of the exemptions cited by the AGO. He has also concluded that the AGO is entitled to rely on section 35(3) in manner that it did.

FOI 35: Not upheld FOI 42: Not upheld