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HSE's Policy on Disclosure of Information to the public

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.

 

Page last updated on January 12, 2005