Law Officers: Freedom of Information
The question
To ask the Solicitor General, what the Government's policy is on the role of the law officers on (a) freedom of information requests, (b) appeals and (c) tribunals on decisions undertaken by the previous Government.
Answered by Sarah Sackman
The Law Officers’ role in respect of assessing exemptions under the Freedom of Information Act 2000 (FOI Act) for papers of a previous administration is set out at paragraph 11.24 of the Cabinet Manual:
“When a decision is required on the application of sections 36 or 53 of the FOI Act to papers of a previous administration, the Attorney General will act, as appropriate, as the accountable person for all government departments under section 53 and a Law Officer will act as the qualified person under section 36.”
Once an assessment is made it is returned to the relevant department who then apply the public interest test (where applicable). Any appeals or tribunal proceedings would be for the relevant department.
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