Exemptions
less likely to apply to safety requests
|
Section 24 |
National
Security |
Section
27 |
International Relations |
Section
28 |
Relations
Within The United Kingdom |
Section
29 |
The Economy |
Section
33 |
Audit
Functions |
Section
37 |
Communications With Her Majesty, With Other Members
Of The Royal Household, And The Conferring By
The Crown Of Any Honour Or Dignity |
Section
38 |
Health
And Safety |
Section
24: National Security
This section applies to information whose exemption
from the right of access is required for the purpose
of safeguarding national security: in order to apply
section 24, it will be necessary to decide whether
any harm to national security might result from its
disclosure. A ministerial certification procedure
exists where it becomes necessary to rely on this
exemption.
Section
24 applies to information whose disclosure would be
likely to prejudice:
a |
the
defence of the British Islands or any colony;
or |
b |
the capability, effectiveness or security of the
armed forces of the Crown or any forces co-operating
with them. |
In
order to determine whether section 24 applies it will
be necessary to establish how exactly these defence
matters would be prejudiced by disclosure of the information.
Section
27: International Relations
Section 27 applies to the following two categories
of information:
a |
information whose disclosure would be likely to
prejudice international relations. (The term "international
relations" means relations between the UK
and any other state, international organisation
or court, or the interests of the UK abroad or
the promotion or protection of those interests.) |
b |
confidential
information obtained from another state, an international
organisation or an international court. |
HSC Guidance states that:
"So,
for example, this exemption might become relevant
in respect of maintaining the confidentiality of
communications between the European Commission and
a Member State Another example, might be information
or communications between HSE and the Channel Tunnel
Intergovernmental Commission and Safety Authority;Section
28: Relations Within The United Kingdom"
Section
28:
Section 28 applies to information whose disclosure
would be likely to prejudice relations between two
or more administrations in the United Kingdom. The
relevant administrations are: the government of the
United Kingdom, the Scottish Administration, the Executive
Committee of the Northern Ireland Assembly and the
National Assembly for Wales.
DCA guidance states that: Where necessary, regard
should be had to the Memorandum of Understanding which
has been agreed with the four administrations and
which includes safeguards to ensure that information
shared between administrations is appropriately protected.
Departments should be alive to the need to consult
the other administration(s) concerned when determining
whether section 28 applies, and in particular to be
aware that separate freedom of information legislation
applies in Scotland;
Section
29: The Economy
This section applies to information whose disclosure
would be likely to prejudice the economic or financial
interests of the United Kingdom or of any administration
in the United Kingdom.
Section
33: Audit Functions
Section 33 can only be used by public authorities
which have financial audit functions in relation other
public authorities or whose functions include examining
the efficiency, effectiveness and economy with which
other public authorities discharge their functions.
Section 33 applies to information whose disclosure
would be likely to prejudice the exercise of these
functions. It does not apply where a public authority
has such functions in relation to private sector bodies,
nor does it cover internal audit and monitoring;
Section
37: Communications With Her Majesty, With Other Members
Of The Royal Household, And The Conferring By
The Crown Of Any Honour Or Dignity
Section 37 applies to two categories of information:
|
Information relating to communications with Her
Majesty, other members of the Royal Family or
the Royal Household; and |
|
Information relating to the conferring by the
Crown of any honour or dignity. |
The
government guidance specifically states that: It
is a fundamental constitutional principle that communications
between the Queen and her Ministers are essentially
confidential in nature: in most situations, the public
interest in disclosure is likely only exceptionally
to outweigh the public interest in maintaining this
aspect of the exemption."
Section
38: Health And Safety
Section 38 applies to information whose disclosure
would be likely to endanger the physical or mental
health or the safety of any individual. The individual
concerned does not have to be identifiable: section
36 can apply where there is a group or class of persons,
any or all of whom are likely to have their health
or safety endangered by disclosure.
|