1 Horse Guards Road London SW1A 2HQ
Information Rights Unit
Tel: 0207 270 4558
Fax: 0207 270 4861
Richard McMillan
www.hm-treasury.gov.uk
[email address]
By email: request-10851-
[email address]
Ref: 9/379
12 June 2009
Dear Mr McMillan,
Freedom of Information Act 2000: IMF report
Further to our letter of the 20 May where we explained that we needed further time to
reach a decision on this request I write to set out our conclusion of your request for
information exchange between the Treasury and the International Monetary Fund on 20,
21 and 22 April 2009.
In reaching this decision we have consulted the IMF over the information that fell within
the scope of your request. While being mindful to the International Monetary Fund
(Immunities and Privileges) Order 1977, which we explain below, we are however able
to explain that the IMF contacted the Treasury to provide an advance, embargoed copy,
of their publication overnight on the 20 April through our Executive Director. The IMF’s
normal practice is to circulate embargoed reports to all Executive Directors at the same
time as they are sent to the media. The Treasury contacted the IMF on 21 April
questioning data in the publication. The IMF immediately agreed to review the data, and
as a result reissued their publication on 22 April.
In the course of undertaking an assessment of the public interest test we now believe
that the information falling within the scope of your request engages the absolute
exemption at section 44(1)(a) of the Freedom of Information Act. Section 44(1)(a)
applies where disclosure would be prohibited by or under any enactment. In this case
we consider that disclosure would be prohibited by section 1 of, and paragraph 2 of
Schedule 1 to, the International Organisations Act 1968. Amongst other things, the Act
confers various privileges and immunities on designated international bodies. The IMF
is such a body by virtue of the International Monetary Fund (Immunities and Privileges)
Order 1977. One of those privileges and immunities is the inviolability of official
archives, which includes correspondence to and from the organisation. Section 44 of the
Freedom of Information Act is an absolute exemption and we are therefore not required
to consider whether the public interest in maintaining the exemption outweighs the public
interest in release.
We continue to take the view that section 27(1)(b) applies to all of the information and
that section 27(2) applies to some of the information. These exemptions apply where
release would, or would be likely to prejudice relations with, amongst others,
international organisations. These are qualified exemptions requiring us to consider
whether the public interest in maintaining the exemption outweighs the public interest in
release. As we take the view that the absolute exemption at section 44 applies to all of
the information falling within the scope of your request we have not gone on to carry out
the public interest balancing exercise in relation to section 27.
Yours sincerely
Information Rights Unit
For HM Treasury
Your right to complain under the Freedom of Information Act 2000
If you are not happy with this reply, you may request a review by writing to HM Treasury, Information Rights Unit,
2/S2, 1 Horse Guards Road, London SW1A 2HQ. Email [email address]
Any review request must be made within 2 months of the date of this letter. It would assist our review if you set out
which aspects of the reply concern you and why you are dissatisfied.
If you are not content with the outcome of your complaint, you may apply directly to the Information Commissioner for
a decision. Generally, the ICO cannot make a decision unless you have exhausted the complaints procedure
provided by the Treasury. The Information Commissioner can be contacted at: The Information Commissioner’s
Office, Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF.
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