First-tier Tribunal (General Regulatory Chamber)

EA-2023-0405 - [2024] UKFTT 00700 (GRC)

Fecha: 30-Jul-2024

Introduction

Introduction

The parties and the Tribunal agreed that this matter was suitable for determination on the papers in accordance with rule 32 Chamber’s Procedure Rules.

This is an appeal against the Commissioner’s decision notice IC-190608-N3Q9 of 31 August 2023 which held:

2.1.

HM Treasury (‘HMT) was entitled to rely on section 40(2) of the Freedom of Information Act 2000 (FOIA) to withhold some of the requested information.

2.2.

HMT was entitled to rely on section 27 FOIA to withhold some of the requested information.

2.3.

HMT was entitled to rely on section 35 FOIA to withhold some of the requested information.

2.4.

Some of the information is outside the scope of the request.

2.5.

HMT was not entitled to withhold some of the information. The Commissioner ordered the Council to disclose that information.

The request for information was made by Mr. David Cohen on behalf of the Independent. The relevant person at the Independent is now Robert Amies.

This appeal only relates to the application of section 40(2) and 27 FOIA.

We have provided a closed annex to this decision containing those aspects of our reasoning which refer to closed material. If the respondent does not appeal against our decision, or if any appeal is unsuccessful, then paragraphs 1, 2, 3, 12 and 13 of that reasoning need not remain confidential.

The time limit in the information rights jurisdiction for making an application for permission to appeal to the Upper Tribunal is normally 28 days from the date that the tribunal’s written reasons are issued: see Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009, rule 42(2).

We therefore direct that paragraphs 1 2, 3, 12 and 13 of the closed annex will remain confidential until at least 28 days after the date this decision is issued to the parties or such later date as is required by rule 42 or final disposal of an application for permission to appeal and subsequent appeal.

The effect of this decision is that, in normal circumstances, the confidentiality will be removed from those paragraphs 28 days after this decision is issued, unless within that time a party makes an application for permission to appeal to the Upper Tribunal. In that event, and subject to any contrary order of the Upper Tribunal, the confidentiality order will continue until disposal of the permission application and any ensuing appeal but will then be discharged.

If the confidentiality order is discharged, paragraphs 1, 2, 3, 12 and 13 of the closed annex will then be added to the publicly available decision and copied the appellant. The remainder of the closed annex contains reference to the information we have determined can be withheld and will remain closed.