Ministry of Justice (MoJ)

The complainant requested specified information relating to prisoners’ pay and the review of the prison retail service. The Ministry of Justice (the ‘MOJ’) said it did not hold some of the requested information (a position which the complainant has not disputed). The MOJ originally cited section 35(1)(a) (the FOIA exemption for the formulation or development of government policy) to withhold the requested information in its entirety. It additionally relied on section 43(2) (the commercial interests exemption) to withhold part of that information. During the course of the Commissioner’s investigation, the MOJ partly revised its position, but ultimately relied on 35(1)(a) of FOIA to withhold all of the withheld information, additionally relying on sections 31(1)(f), (the FOIA exemption for the maintenance of good order and security in prisons) and 43(2) for some of the information. The Commissioner’s decision is that the MOJ was entitled to rely on section 35(1)(a) of FOIA for the majority of the withheld information it was applied to for the reasons set out in this notice; he did not find it necessary to consider the other exemptions cited. However, as set out in this notice, the Commissioner has found that section 35(1)(a) is not engaged for some of the withheld information. The Commissioner therefore requires the MOJ disclose the information relating to the three research and academic papers as set out in pages 3 and 4 of ‘Annex B’ within 30 calendar days of the date of this decision notice.

Keywords: Reports, retail review