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5 August 2009

Mr P. John

By e-mail: [FOI #13282 email]

Dear Mr John

FREEDOM OF INFORMATION REQUEST REFERENCE: 0464-09

Thank you for your request regarding infringement proceedings initiated by the European Commission made under the Freedom of Information Act.

Your request contained five questions. Questions 3,4 and 5 come under the FOI act and are being treated as such. You asked us to…

1- confirm or deny that a response has been submitted.

I can confirm that a response was sent to the European Commission on 15 June

2009.

2 - indicate which Department of Government was responsible for submitting
the response.

The Home Office was responsible for submitting the response.

3 - disclose the content of that response in full.

The information contained in that response is being withheld as it is exempt under section 27 and section 35 of the Freedom of Information Act 2000.

Section 27 - International relations

(1) Information is exempt information if its disclosure under this Act would, or would

be likely to, prejudice—

(a) relations between the United Kingdom and any other State,

(b) relations between the United Kingdom and any international organisation or

international court,

(d) the promotion or protection by the United Kingdom of its interests abroad.

Section 35 - Formulation of government policy

(1) Information held by a government department or by the National Assembly for

Wales is exempt information if it relates to—

(a) the formulation or development of government policy,

(b) Ministerial communications,

provision of such advice, or

(d) the operation of any Ministerial private office.

There are public interest arguments in favour of, and against, disclosing this information and I am required to consider and balance the public interest. I have concluded that it is in the public interest to maintain these exemptions as they outweigh the public interest in disclosing this information.

There is a clear public interest in transparency in the workings of government and in awareness of the European Commission's powers to intervene on behalf of consumers and its willingness to use those powers, but it is also important that the Commission and Member States should be able to raise issues with one another in confidence.

The prejudice that would be caused to relations between the United Kingdom and the European Commission is a factor in this decision, as is the important part that this information plays in free and frank discussions, which would be inhibited by disclosure.

The European Commission corresponds with Member States in a bilateral process in which the Commission is able to express concerns about the implementation of European law within the State. Member States are also able to set out in an equally free and frank manner views on points raised by the Commission.

4 - disclose the content of correspondence between the Foreign Office and the

European Commission concerning the same matter.

The information contained in that correspondence is being withheld as it is exempt under section 27 and section 35 of the Freedom of Information Act 2000.

Section 27 - International relations

(1) Information is exempt information if its disclosure under this Act would, or would

be likely to, prejudice—

(a) relations between the United Kingdom and any other State,

(b) relations between the United Kingdom and any international organisation or

international court,

(d) the promotion or protection by the United Kingdom of its interests abroad.

Section 35 - Formulation of government policy

(1) Information held by a government department or by the National Assembly for

Wales is exempt information if it relates to—

(a) the formulation or development of government policy,

(b) Ministerial communications,

provision of such advice, or

(d) the operation of any Ministerial private office.

5 - disclose correspondence between the Foreign Office and other UK

Government departments contributing to the response concerning the

same matter.

The information contained in that correspondence is being withheld as it is exempt under section 27 and section 35 of the Freedom of Information Act 2000.

Section 27 - International relations

(1) Information is exempt information if its disclosure under this Act would, or would

be likely to, prejudice—

(a) relations between the United Kingdom and any other State,

(b) relations between the United Kingdom and any international organisation or

international court,

(d) the promotion or protection by the United Kingdom of its interests abroad.

Section 35 - Formulation of government policy

(1) Information held by a government department or by the National Assembly for

Wales is exempt information if it relates to—

(a) the formulation or development of government policy,

(b) Ministerial communications,

provision of such advice, or

(d) the operation of any Ministerial private office.

We consider that while there is a public interest in the transparency of the policy making and implementation process, transparency has the potential to undermine the strong public interest which exists in the full and frank discussion of policy within Government. There is a strong public interest in high quality policy-making and implementation and for Government to succeed in upholding that public interest, Government departments need to be able to consider, debate and understand the implications of the policy and how it is presented. Their candour in doing so will be affected by their assessment of whether the content of such discussions will be disclosed in the near future.

If you are unhappy with the service you have received in relation to your request and wish to make a complaint or request a review of our decision, you should write to us, including the FOI reference number. Please note any request for an internal review must be submitted within 40 working days from the date our response was issued.

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 Foreign and Commonwealth Office. The Information Commissioner can be contacted at:

The Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF.

Yours sincerely,

Michael Wedding

Europe Directorate

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