Secretary of State for Defence (Ministry of Defence)

The complainant submitted two requests to the Ministry of Defence (MOD) both of which sought Army Equipment Support Publications concerning Bedford trucks. The MOD responded by stating that it did not hold one such manual and that for the remaining manuals refused to provide them on the basis of section 14(1) (vexatious) of FOIA. It subsequently withdrew its reliance on section 14(1) and argued instead that these manuals were exempt from disclosure on the basis of sections 41(1) (information provided in confidence) and 43(2) (commercial interests) of FOIA. The Commissioner’s decision is that on the balance of probabilities the MOD does not hold a copy of a manual which it stated it could not locate. However, for the remaining requested manuals the Commissioner has concluded that these are not exempt from disclosure on the basis of sections 41(1) or 43(2) of FOIA.