Information Commissioner's Office

Department for Communities and Local Government

22 August 2017, Central government

The complainant has requested the diary of James Wharton, formerly the Minister for the Northern Powerhouse, for the period 1 January 2016 to 15 April 2016. Additionally, the complainant asked the Department for Communities and Local Government (“the DCLG”) for information concerning the numbers, dates and locations of any speeches, trips and visits, in London and outside of London, made by Mr Wharton during that same period. The DCLG refused to provide the majority of Mr Wharton’s diary on the grounds that its contents are exempt from disclosure by virtue of sections 35(1)(a), 35(1)(b) and 35(1)(d) of the FOIA, and it refused to comply with the second and third parts of the complainant’s request in reliance on section 14(1) of the FOIA.  The Commissioner’s decision is that the diary extracts for the period specified above do not engage section 35(1)(a) and 35(1)(b) of the FOIA, and whilst the extracts do engage section 35(1)(d), the public interest favours the disclosure of much of the withheld information. The Commissioner has also decided that the DCLG is not entitled to rely on section 14(1) of the FOIA in respect of the second and third parts of the complainant’s request. Additionally the Commissioner has decided that the DCLG has breached section 16 of the FOIA by failing to provide the complainant with appropriate advice and assistance.

FOI 35: Upheld FOI 14: Upheld FOI 16: Upheld