Question to the Cabinet Office:

To ask the Minister for the Cabinet Office, what instructions have been given to staff in his Department dealing with freedom of information requests on the application of Freedom of Information Act Awareness Guidance No. 19, issued by the Information Commissioner's Office, in considering whether to apply the exemptions in section 38 of the Freedom of Information Act 2000.

Statistics on the use of Freedom of Information exemptions (including the use of Section 38) are published by the Ministry of Justice. They are available here https://www.gov.uk/government/collections/government-foi-statistics

More detailed figures for the constituent parts of section 38 could only be provided at disproportionate cost.

The Cabinet Office has not issued guidance to staff on the application of “Freedom of Information Act Awareness Guidance No.19”, issued by the Information Commissioner's Office, about the application of section 38 of the Act. However, the Ministry of Justice has published its own guidance on the use of this exemption. This is available here: http://www.justice.gov.uk/information-access-rights/foi-guidance-for-practitioners/exemptions-guidance