Question

To ask the Secretary of State for Energy and Climate Change, what instructions have been given to staff in her 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.

No guidance has been issued 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.