Commons Sense

House of Commons · Ministers' Questions

FOI Requests

Thursday 27 October 2022 · 2 questions

Summarised by AI from the official record, so it can contain mistakes.

Read the full transcript on Parliament.uk

At a glance

Answered 0 Partly answered 2 Not answered 0

Key points

  • Tommy Sheppard asked about the number of FOI requests denied by the Department under section 35 of the Freedom of Information Act in the last five years.
  • The Cabinet Office does not hold statistics for requests made under each subsection of section 35.
  • The Minister offered to share the number of FOI requests refused under the entirety of section 35 for 2020 and 2021.

Topics (select to filter)

Questions & Answers

Q1 Tommy Sheppard SNP
Standards & Ethics
Context

The question relates to the number of FOI requests denied by the Cabinet Office under a specific exemption, with an emphasis on transparency and accountability in government operations.

Question

How many requests under the Freedom of Information Act 2000 have been denied by his Department citing an exemption under section 35(1)(a) of that Act in each of the last five years?

Answer from Brendan Clarke-Smith

Statistics for the requests made under each subsection of section 35 are not held by the Cabinet Office. However, to assist the House, I will share the number of FOI requests refused under the entirety of section 35 in each of the last five years. In 2021, 150 FOI requests were refused. In 2020, there were 142; in 2019, 67; in 2018, 81; and in 2017, 63.

Partly answered

Not addressed: The answer did not provide the specific subsection statistics requested under section 35(1)(a).

How: Statistics For The Requests Made Under Each Subsection Of Section 35 Are Not Held By The Cabinet Office.

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Q2 Tommy Sheppard SNP
Standards & Ethics
Context

The MP is concerned about the lack of detailed statistics on FOI requests denied under specific exemptions, particularly in relation to government policy formulation. He also seeks information on legal costs associated with defending decisions challenged at tribunals.

Question

It is obviously disappointing that the Department does not collect those statistics given that the paragraph in question specifically relates to Government policy. I do not expect an answer today, but perhaps the Minister can write to me on the number of instances when decisions were subject to challenge at either the first-tier tribunal or upper tribunal and how much the Department spent in legal costs defending each challenge.

Answer from Brendan Clarke-Smith

I thank the hon. Member for his question. I remind him that responses are handled in line with the legislation, which includes applying the relevant exemptions where applicable. Parliament has agreed that certain sensitive information should be protected from disclosure, including information relating to the formulation and development of Government policy. I am however happy to write to him and will try to provide him with as much information as possible.

Partly answered

Not addressed: The answer did not commit to providing the requested detailed statistics on legal challenges and costs associated with FOI decisions.

How: Responses Are Handled In Line With The Legislation, Which Includes Applying The Relevant Exemptions Where Applicable

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