Information Commissioner's Office

Cabinet Office

30 November 2016, Central government

The complainant submitted a request to the Cabinet Office for copies of correspondence relating to the decision to award Grenville Janner a life peerage in 1997. The Cabinet Office disclosed a small amount of information but sought to withhold the remainder on the basis of the following sections of FOIA: 37(1)(b) (honours information); 40(2) (personal data) and 41(1) (information provided in confidence). The Cabinet Office also refused to confirm or deny on the basis of section 23(5) whether it held any information from a section 23(3) body falling within the scope of this request. The Commissioner accepts that all of the withheld information falls within the scope of the section 37(1)(b), however in respect of the information concerning Lord Janner, she has decided that the public interest favours disclosure of this information. With regard to the remaining information contained in the correspondence which specifically refers to the nominations of other applicants, the Commissioner is satisfied that the public interest favours maintaining this exemption. In respect of the information concerning Lord Janner, the Commissioner is satisfied that sections 40 and 41 do not provide a basis to redact any information with the exception of a very small amount of information which she is satisfied is exempt from disclosure on the basis of section 40(2). Finally, the Commissioner agrees with the Cabinet Office’s reliance on section 23(5) in this case. The Commissioner requires the public authority to provide the complainant with copies of the information falling within the scope of his request. The only redactions which can be applied to this information are on the basis of sections 37(1)(b) and 40(2) to the information which is identified in the confidential annex, a copy which has been provided to the Cabinet Office only.

FOI 23: Not upheld FOI 37: Partly upheld FOI 40: Partly upheld FOI 41: Upheld