Regarding my request for a review (which is NOT what I asked for on 4th Jan 2007), I received the following in the post this morning:
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"CabinetOffice
Howell James CBE
Permanent Secretary, Government
Communication
70 Whitehall
London
SW1A2AS
Telephone 020 7276 0650
Fax 02072760822
E-mail
howell.james@cabinet-office.x.gsi.gov.uk
6 February 2007
Captain A J Davies Esq.
…………………..
……………….
……………
Hampshire
Dear ……………….
REVIEW OF REQUEST UNDER THE FREEDOM OF INFORMATION ACT
2000
Thank you for your letter of 4 January 2007 (dated 4 January 2006) asking for an
internal review of the handling of your Freedom of Information request of 7
December 2006.
I have fully investigated the case and I can confirm that I believe the original
decision that the information you requested should not be disclosed was correct.
As the original response you received explained, the exemptions that apply to this
information are section 37(1 )(a) (communications with Her Majesty, with other
members of the Royal Family or with the Royal Household) and section 37(1 )(b)
(the conferring by the Crown of any honour or dignity).
I have noted your assertion that section 37(1 )(b) is not relevant to the
consideration of this case because this case relates not to a UK medal but to one
offered by Malaysia. The basic premise of the UK honours system is that "The
Sovereign is the fount of all honour". It is for that reason that UK citizens must
request The Queen's permission to allow them to accept or wear foreign medals.
It follows, therefore, that any material relating to the consideration of whether that
permission might be conferred must fall within the remit of section 37(1 )(b) of the
Freedom of Information Act.
As you know, where a qualified exemption applies, we must carry out a public
interest balancing exercise to determine whether or not the information should be
disclosed. There is always a presumption in favour of disclosure and this was the
starting point from which I have reviewed the information you requested.
However, notwithstanding this presumption, the exercise is to determine where
the balance of the public interest lies.
(Original FOI request ref: F01246724)
(Internal review request ref: FOI247109)
In favour of disclosure there is a general public interest in the transparency of the
honours process: indeed the fact that The Queen approved the decision has been
stated many times. The decision on the PJM affects several thousand recipients
who have a genuine interest in it.
In favour of not disclosing the information is the importance of confidentiality in
protecting the honours process; and the importance of ensuring that
communications between the Sovereign and officials should remain confidential to
ensure that business can be conducted in a spirit of openness and trust; and,
given that The Queen's decision has been made known through a statement in
Parliament, there is no 'public interest' in releasing the document that confirmed
that decision or any further details relating to that document.
I therefore uphold the reasoning set out in Neena Thandasseri's initial response to
you.
You have also asked for an explanation of the decision taken on the acceptance
and wear of the PJM. This did not form part of your original request for
information and therefore does not fall within the terms of this review.
If you are not content with the outcome of this internal review, you have the right
to apply directly to the Information Commissioner for a decision. The Information
Commissioner can be contacted at:
Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
HOWELL JAMES
Original FOI request ref: F01246724
Cabinet Office
INVESTOR IN PEOPLE
(Internal review request ref: FOI247109)
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I would query, in the light of the alleged 'Honours for Cash' affair, that their rather bland and incongrous statement "In favour of not disclosing the information is the importance of confidentiality in protecting the honours process; and the importance of ensuring that communications between the Sovereign and officials should remain confidential to ensure that business can be conducted in a spirit of openness and trust;..............." is not really acceptable is it ? Tony