Key Facts
- •Appeal against the Information Commissioner's decision upholding DEFRA's refusal to disclose information about animal welfare discussions in trade negotiations under the Freedom of Information Act 2000 (FOIA).
- •Information withheld related to discussions with Australia and the US regarding animal welfare standards in trade deals.
- •DEFRA relied on FOIA section 27(1)(a) and (b) (prejudice to international relations).
- •The appeal was determined without a hearing.
- •The Tribunal considered the balance of public interest at the time of DEFRA's initial response to the information request.
Legal Principles
FOIA section 1(1)(b) does not apply if the public interest in maintaining the exemption outweighs the public interest in disclosing the information.
FOIA section 2(3)
FOIA section 27: Information is exempt if disclosure would prejudice relations between the UK and other states or international organisations.
FOIA section 27(1)(a) and (b)
In prejudice cases, a causal link between disclosure and prejudice must be shown; the prejudice must be 'real, actual or of substance'; and the likelihood of prejudice must be a 'real and significant risk'.
Hogan v Information Commissioner [2011] 1 Info LR 588; Department for Work and Pensions v Information Commissioner [2017] 1 WLR 1
The balance of public interest should be considered at the point when a public authority first responds to a request under FOIA.
Montague v Information Commissioner & Department for International Trade [2022] UKUT 104 (AAC)
The Tribunal's role is to determine whether the Commissioner's decision was in accordance with the law and to review findings of fact.
FOIA section 58
Outcomes
Appeal dismissed.
The Tribunal found a causal link between disclosure and prejudice to international relations. The prejudice was deemed real, actual, and substantial, and likely to occur. The public interest in maintaining the exemption outweighed the public interest in disclosure, considering the ongoing trade negotiations at the time of DEFRA's initial response.