Treasury: Freedom of Information

HM Treasury written question – answered on 10th July 2015.

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Photo of Peter Grant Peter Grant Scottish National Party, Glenrothes

To ask Mr Chancellor of the Exchequer, on how many occasions his Department applied the exemption in section 38(1)(a) of the Freedom of Information Act 2000 (disclosure likely to endanger the physical or mental health of any individual) in wholly or partly refusing a freedom of information request in each of the last five years.

Photo of Peter Grant Peter Grant Scottish National Party, Glenrothes

To ask Mr Chancellor of the Exchequer, on how many occasions his Department applied the exemption in section 38(1)(b) of the Freedom of Information Act 2000 (disclosure likely to endanger the safety of any individual) in wholly or partly refusing a freedom of information request in each of the last five years.

Photo of Peter Grant Peter Grant Scottish National Party, Glenrothes

To ask Mr Chancellor of the Exchequer, what instructions have been given to staff in his Department dealing with freedom of information requests on the application of Freedom of Information Act Awareness Guidance No. 19, issued by the Information Commissioner's Office, in considering whether to apply the exemptions in section 38 of the Freedom of Information Act 2000.

Photo of Harriett Baldwin Harriett Baldwin The Economic Secretary to the Treasury

Section 38(1)(a) of the Freedom of Information Act 2000 was used by HM Treasury on the following number of occasions in the last 5 years: 2011: 1.

- Section 38(1)(b) of the Freedom of Information Act 2000 was used by HM Treasury on the following numbers of occasions in each of the last 5 years: 2010: 2; 2011: 3; 2012: 1; 2013: 0; 2014: 1.

- Sections 38(1)(a) and (b) of the Freedom of Information Act 2000 were used together on the following numbers of occasions in each of the last 5 years: 2013: 2.

No guidance has been issued to staff on the application of Freedom of Information Act Awareness Guidance No.19, issued by the Information Commissioner's Office, about the application of section 38 of the Act. However, the Ministry of Justice has published its own guidance on the use of this exemption. This is available here: http://www.justice.gov.uk/information-access-rights/foi-guidance-for-practitioners/exemptions-guidance.

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