Public And Administrative Law Update: The Banking Inquiry And Freedom Of Information: Yet More Transparency?

The Banking Inquiry published its final report on 27 January 2016. One of its recommendations is that the freedom of information ("FOI") exemptions should be reviewed with a view to increasing public access to advice provided by civil servants and special advisors. We consider the extent to which such advice is currently accessible under FOI law.

Under the Freedom of Information Act 2014 ("FOI Act"), the current position is that, generally, such advice is exempt from release, as explained below.

The right of access under FOI

The FOI Act provides a right of access, on request, to records held by or under the control of all public bodies not specifically excluded from the remit of that Act ("FOI bodies"). However, exemptions under the Act allow or require refusal of access to records in certain circumstances, including records relating to meetings of the Government and to deliberations of FOI bodies.

Meetings of the Government

The confidentiality of discussions at meetings of the Government is enshrined in the Constitution (Article 28.4.3). The rationale is clear: Governments need to be able to deliberate on issues freely, frankly and...