Information Commissioner's Office

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You are here: BAILII >> Databases >> Information Commissioner's Office >> Cabinet Office (Central government) [2022] UKICO 111976 (20 October 2022)
URL: http://www.bailii.org/uk/cases/UKICO/2022/111976.html
Cite as: [2022] UKICO 111976

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Cabinet Office

The complainant requested information from the Cabinet Office as to whether the Cabinet Secretary had requested any advice or guidance before making a determination regarding the legal and constitutional issues relating to the United Kingdom Internal Market Bill. The Cabinet Office confirmed that it held information falling within the scope of the request but that it considered this to be exempt from disclosure on the basis of section 35(1)(a) FOIA (formulation and development of government policy), 35(1)(c) FOIA (Law Officers’ advice) and section 42(1) FOIA (legal professional privilege). Section 21 FOIA (information accessible to the applicant by other means) was also cited which the complainant accepted. The Commissioner’s decision is that the Cabinet Office was entitled to rely on the exemptions at section 35(1)(a), section 35(1)(c) and section 42(1) in respect of the withheld information. However, the Cabinet Office breached section 10(1) FOIA by responding to the complainant beyond the legislative timeframe. The Commissioner does not require the Cabinet Office to take any further steps.

FOI 35(1)(a): Complaint not upheld FOI 42(1): Complaint not upheld FOI 35: Complaint not upheld FOI 10(1): Complaint upheld

Decision notice: 111976