FS50101577

Decision Summary

• Case Ref: FS50101577
• Date: 15 December 2009
• Public Authority: Northern Ireland Office
• Summary: The complainant requested copies of correspondence exchanged between The Prince of Wales and government ministers at the public authority over an eight month period. The complainant also requested a list and schedule of this correspondence. The public authority initially relied on the interaction of sections 37(1)(a) and 37(2) to refuse to confirm or deny whether it held any correspondence falling within the scope of the requests. During the course of the Commissioner’s investigation the public authority confirmed to the complainant that it did hold correspondence falling within the scope of his requests but it considered this information to be exempt from disclosure on the basis of sections 37(1)(a), 40(2) and 41(1). The public authority also confirmed that it believed that a list and/or schedule of correspondence sent by The Prince of Wales would be exempt from disclosure on the basis of sections 37(1)(a), 40(2) and 41(1) of the Act and that a list and/or schedule of information sent to The Prince of Wales would be exempt on the basis of sections 37(1)(a) and 40(2) of the Act. The Commissioner has concluded that some of the correspondence is exempt from disclosure on the basis of section 41(1) of the Act but the remainder of the correspondence does not meet the requirements of section 41(1)(a) and thus cannot be exempt under this exemption. However, the Commissioner is satisfied that some of the correspondence is exempt from disclosure on the basis of section 37(1)(a). The Commissioner has also concluded that a list and/or schedule of correspondence sent by The Prince of Wales are exempt on the basis of section 41(1) and a list and/or schedule of information sent to The Prince of Wales are exempt on the basis of section 37(1)(a). He also finds that some of the contents of the correspondence fall within the definition of environmental information under the Environmental Regulations 2004, and accordingly exempt from disclosure on the basis of the exception at regulation 12(5)(f).This decision notice is currently under appeal to the Information Tribunal.
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• Section of Act / Finding: EIR 12(5)(f) - Complaint Not upheld - Find other matching decisions