Request
In the light of these two statements on the withdrawal of FCO 141,
https://www.nationalarchives.gov.uk/about/news/temporary-withdrawal-of-record-series-fco-141/
https://cdn.nationalarchives.gov.uk/documents/background-temporary-withdrawal-fco-141.pdf
I request the following information under the FOI Act:
- A list of the FCO 141 pieces that formed part of the digitisation programme referred to in the two statements.
- A list of the FCO 141 pieces found to have a label saying ‘A poisonous insecticidal solution has been used in binding this book’ or a label saying something to the same effect
- A list of the FCO 141 pieces which have been tested for insecticide.
- A list of the FCO 141 pieces found to contain traces of insecticide.
- A list of the FCO 141 pieces found to contain traces of insecticide which comprise bound volumes
Outcome
Some information provided.
Response
FCO 141/13348 – 13760 (Nigeria series) were the 414 records from the series initially selected for digitisation. During the course of this work the hazard material labels were found and production stopped.
Please note that only 379 of these 414 records were captured, although this work was not completed to publishing standards and because of this digital copies are not currently available.
The remainder of information covered by your request is exempt under section 36(2)(b)(c) of the Freedom of Information Act. For a further explanation of why this is the case please see the annexe at the end of this response.
Please see the following web-link to our latest public update (2nd August 2022) on the withdrawal of the FCO 141 series.
Explanatory annexe
Exemptions applied
Section 36: Prejudice to Effective Conduct of Public Affairs
Section 36 (2) (b-c) 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, or would otherwise prejudice, or would be likely to otherwise prejudice,(c) the effective conduct of public affairs.
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 FOI Act 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 information that influences government decision-making, making for greater accountability and increasing public confidence in the integrity of the decisions made. There is also a general public interest in being able to evaluate government policy. Given our obligations under the Public Records Act, 1958 and the importance of access to public records, there is significant public interest in the openness and transparency around the process of withdrawing large numbers of records from public access.
However, it is also considered that the release of some of the information requested would prejudice and/or otherwise inhibit both the free and frank exchange of views for the purposes of deliberation, and the effective conduct of public affairs.
At the time this FOI request was received, a complete list of affected records in the FCO 141 series had not been compiled, and records with warning labels were still being discovered. Similarly, at the time that this FOI request was received the full range of tests on affected records had not been completed, and the results of some preliminary tests were still awaiting confirmation. The withdrawal of the FCO 141 series remains a live issue for The National Archives. Relevant data is still being gathered, and the implications arising from data concerning the extent of affected records, and test results on these records, requires a safe space for discussion.
It is important that officials are able to exchange views freely and frankly and to fully discuss the implications and issues arising from the relevant data. To prematurely release incomplete data concerning our testing of the records and the extent of any potential contamination would likely act as an inhibitor to necessary discussions. This would not be in the public interest and would be likely to prejudice The National Archives’ ability to carry out its statutory obligations, to communicate effectively with the public, and to consult on this issue with other government departments. As such, release of this information is seen to be likely to both inhibit a safe space and create a chilling effect for the free and frank exchange of ideas, thereby prejudicing the effective conduct of public affairs.
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