Request
Please can you tell me the reason this file (PREM 19/4400/1) was closed, who requested the closure, the persons who authorised the closure and any correspondence related to this matter or file. Please also indicate the number of Freedom of information requests that have been submitted about this file.
Outcome
Some information provided.
Response
The access status of a record is determined by the transferring department, in this case the Cabinet Office, and in line with the provisions of the Freedom of Information Act (FOIA). The Advisory Council on National Records and Archives (ACNRA) advises the Secretary of State for Digital, Culture, Media and Sport on requests from departments for historical public records to remain closed under certain Freedom of Information Act exemptions. As set out on The National Archives’ online catalogue, Discovery, this record has been closed under section 40 (2) (personal information where the applicant is a third party) and 41 (1) (information provided in confidence) of the Act.
Please find attached the two closure applications for PREM 19/4400/1. A closure application is submitted by the transferring department, in this case the Cabinet Office, which is then considered by the ACNRA. The justification for closure cannot be disclosed and therefore the documents have been redacted with this information withheld under section 36 (2)(b)(i)(ii).
Prior to your own request for access to PREM 19/4400/1, The National Archives has not received any Freedom of Information requests in relation to the aforementioned file.
EXPLANATORY ANNEX
Exemption applied.
Section 36: Prejudice to Effective Conduct of Public Affairs.
Section 36 (2) (b) exempts information from release if, in the reasonable opinion of a qualified person, disclosure of the information would, or would be likely to; (b)(i) inhibit the free and frank provision of advice, (b)(ii) the free and frank exchange of views for the purposes of deliberation.
This exemption has been applied to some information within the closure applications submitted by Cabinet Office, regarding the closure request for PREM 19/4400/1.
Section 36 is a qualified exemption and we are required to conduct a public interest test when applying any qualified exemption. This means that after it has been decided that the exemption is engaged, the public interest in releasing the information must be considered. If the public interest in disclosing the information outweighs the public interest in withholding it then the exemption does not apply and the information must be released. In the FOIA there is a presumption that information should be released unless there are compelling reasons to withhold it.
With the agreement of the Qualified Person, who in this case is the Chief Executive and Keeper of The National Archives, in whose reasonable opinion this exemption is engaged, the public interest has now been concluded and the balance of the public interest has been found to fall in favour of non-disclosure.
Considerations in favour of the release of the information included the principle that there is a public interest in showing a true and open account of government decision-making, making for greater accountability and increasing public confidence in the integrity of the decisions made under the Public Records Act 1958. There is also a public interest and expectation of transparency around how records are transferred to The National Archives. Furthermore, disclosure would improve public confidence in the integrity of the process and decisions made.
However, it is considered that the release of some of the information requested would prejudice the effective function of the process for the transfer of records to The National Archives under the Public Records Act 1958. In particular, release of this information would be likely to prejudice the ability to freely discuss recommendations on closure and sensitivities with transferring government departments. Disclosure of these communications could adversely impact the working relationships between The National Archives and transferring departments. It is important that officials are able to exchange views freely and frankly and to fully discuss any issues that affect this process. To release some of the information requested may act as an inhibitor to necessary discussions, which would not be in the public interest and would be likely to prejudice The National Archives’ ability to carry out its statutory obligations. As such, release of this information would be seen to prejudice the free and frank provision of advice and exchange of views for the purpose of deliberation.
After careful consideration, it has been decided that the balance of the public interest lies in favour of withholding the information on this occasion and that the factors for non-disclosure outweigh any benefits of release.
Further guidance on the application of this exemption can be found at: https://ico.org.uk/media/for-organisations/documents/1175/section_36_prejudice_to_effective_conduct_of_public_affairs.pdf.