Information Commissioner's Office

Cabinet Office

27 June 2016, Central government

The complainant has requested a copy of correspondence sent by John Scarlett on approximately 8 March 2004 to the Iraq Survey Group, which the complainant suggests was probably addressed to Charles Duelfer. The Cabinet Office refused to provide it citing section 23(1) (security bodies’ information). Where section 23 did not apply, it relied on section 24(1)(safeguarding national security), it also relied on section 27 (prejudice to international relations). It upheld this at internal review. During the Commissioner’s investigation the Cabinet Office explained that the information was now going to published by the Iraq Inquiry (due to report on 6 July 2016). It sought to rely on section 22 (information intended for future publication) in respect of this information. The Commissioner’s decision is that the Cabinet Office is not entitled to rely on section 22 as its basis for withholding the information but that all the requested information is exempt from disclosure under section 23(1) of the FOIA. No steps are required.

FOI 22: Upheld FOI 23: Not upheld