Page 260 - Law and the Media

Freedom of Information
Audit functions
Section 33 of the FIA exempts the disclosure of information that could prejudice the exercise
by any public authority of its auditing functions. This relates to the audit of the accounts of
other public authorities, or examinations into the efficiency, economy and effectiveness with
which they use their resources to discharge their public functions.

Formulation of government policy
Section 35 of the FIA exempts information held by a government department or by the
National Assembly for Wales if it relates to the formulation or development of government
policy, ministerial communications, advice by law officers or the operation of a ministerial
private office. Once a decision as to government policy has been taken, any statistical
information used to provide an informed background to that decision cannot be exempted,
although it may be exempt under Section 36 of the FIA.

Prejudice to effective conduct of public affairs
Section 36 of the FIA exempts information held by government departments which does not
fall under Section 35 of the FIA relating to the formulation of government policy and
information held by other public authorities if, in the reasonable opinion of a qualified person
as defined in Section 36(5) of the FIA, its disclosure could:

Prejudice the maintenance of the convention of collective ministerial
responsibility

Prejudice the work of the Executive Committee of the Northern Ireland Assembly
or the National Assembly for Wales
Inhibit the free and frank provision of advice or exchange of views
Otherwise prejudice the effective conduct of public affairs.
However, information held by the House of Commons or the House of Lords can be withheld
regardless of public interest.

Communications with the Royal family
Section 37 of the FIA exempts information relating to the award of any honour or dignity by
the Crown or to any communications with the Royal family or household.

Health and safety
Section 38 of the FIA exempts information that, if disclosed, could endanger the physical or
mental health or safety of any individual.

Environmental information
Section 39 of the FIA exempts environmental information that is to be made available to the
public pursuant to regulations under the Convention on Access to Information, Public
Participation in Decision Making and Access to Justice in Environmental Matters signed in
Aarhus on 25 June 1998.
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