Dyer v Information Commissioner & Ors
[2024] UKFTT 1042 (GRC)
26 Nov 2024
Share
The First-tier Tribunal (General Regulatory Chamber) has handed down judgment in an appeal brought by Mr Dyer against the decision of the Information Commissioner upholding the decision of the Department for Business and Trade to withhold information relating to the Department’s communications with the Advisory Committee on Business Appointments (“ACOBA”) in relation to an application for advice by a former minister.
The Tribunal agreed with the Cabinet Office and the Department for Business and Trade that the latter was entitled to rely on public interest exemptions under s.36 of the Freedom of Information Act 2000 as a basis for withholding the requested information. It was important, in this context, that ACOBA does not have any legal mechanism for compelling the participation of former ministers and that it relies on assurances of confidentiality. Those assurances of confidentiality give rise to an expectation that communications between ACOBA and third parties will be handled in confidence and not publicised save in accordance with the publication of ACOBA’s final advice. Accordingly, in the absence of exceptional circumstances (which did not arise in this appeal), the expectations of confidentiality of applicants and third parties should be upheld, on the basis that disclosure would compromise the effectiveness of ACOBA’s functions, whose remit is designed to protect the integrity of government and improve government transparency and accountability.
The judgment can be accessed here.
Fraser Campbell and Rayan Fakhoury acted for the Cabinet Office.
