Request
I am looking for some assistance with your organisation’s Spend/Transparency data, available on the following weblink:
https://www.nationalarchives.gov.uk/about/our-role/transparency/how-we-spend-public-money/
There appears to be no file available for the month of September and October 2022. Could you advise when the file will be made available to view online? Would it be possible for you to email me a copy of the September and October 2022 file please.
Outcome
Information withheld
Response
I can confirm that The National Archives holds information relevant to your request. Unfortunately, we are unable to provide you with this information at this time.
We are unable to provide you with the information you have requested because it is covered by the exemption at section 22 of the FOI Act, which exempts information if it is intended for future publication. For further information about why this exemption has been applied, please see the explanatory annex at the bottom of the page.
The National Archive’s expenditure data for September and October 2022 is in the process of being published. The requested information is therefore exempt under section 22 of the FOI Act. However, I can confirm that this information will be available to access on our website on the transparency page cited in your request, by 27th January 2022 at the latest.
Explanatory Annex
Exemptions applied:
Section 22: Information intended for future publication
Section 22 of the Freedom of Information Act 2000 (FOIA) exempts from release information intended for future publication if (a) the information is held by the public authority with a view to its publication, by the authority or any other person, at some future date (whether determined or not), or (b) the information was already held with a view to such publication at the time when the request for information was made, and or (c) it is reasonable in all the circumstances that the information should be withheld from disclosure until the date referred to in paragraph (a).
Section 22 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
We have considered whether it would be in the public interest for us to provide you with the information ahead of publication, despite the exemption being applicable. Please find below the reasoning for and against disclosure.
Arguments in favour of disclosure:
Disclosure of the requested information would demonstrate The National Archives’ commitment to being a transparent and accountable organisation and would increase public awareness of the work of the archives sector.
Releasing information at the current time would allow for early discussion on The National Archives’ financial data, and would consequently enable and enrich public debate.
Arguments against disclosure:
There are public interest arguments against disclosure of this information at the present time. These arguments include that it is in the public interest to adhere to the existing publication process for The National Archives’ financial data, which includes time for the information to be gathered and properly verified before being placed in the public domain.
It is also in the public interest to ensure that the information is available to all members of the public at the same time, and premature publication could undermine the principle of making the information available to all at the same time through the official publication process.
Because the requested information is due to be published in the near future, there is a significant public interest in not placing an unnecessary burden on The National Archives’ resources, which would be required in order to expedite the publication of the requested information.
On this occasion, we have concluded that the balance of the public interest test falls in favour of withholding this information.
Further guidance on the application of this exemption can be found at:
https://ico.org.uk/media/for-organisations/documents/1172/information-intended-for-future-publication-and-research-information-sections-22-and-22a-foi.pdf