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Mr G Andrews	Addressee
[FOI #18295 email]	Street Name

29 January 2010

Reference: 09/265

Dear Mr Andrews

We informed you on 14 December that information you have requested is covered by the section 35 (Formulation of Government Policy) and section 36 (prejudice to the effective conduct of public affairs) of the Freedom of Information Act 2000. We also informed you that we needed to consider whether the balance of the public interest lies either in withholding the information covered by the exemptions or in disclosing it, before giving our final response to your request.

We have considered this carefully and we now assess that the information is exempt by virtue of section 35 (1) (a) (Formulation of Government Policy). I can confirm that we hold two documents relevant to your request.

I can also confirm that the public interest test has now been completed. The information relevant to your request is exempt from disclosure as the public interest favoured maintaining the following exemptions:

section 35 (1) (a) (Formulation of Government Policy)

I have attached the public interest test considerations at Annex A for your viewing.

If you believe this reply is not in accordance with the Freedom of Information Act 2000 you may ask for an internal review by an Independent Complaints Panel. If you request a review you should do so in writing, within two calendar months, to the address above stating the reasons.

If following an internal review you were to remain dissatisfied you may make a complaint to the Information Commissioner and ask him to investigate whether the NIO has complied with the terms of the FOIA. You can write to the Information Commissioner at:

Information Commissioner

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

The Commissioner will not investigate a complaint unless an internal review procedure has been carried out.

Further details on the role of the Information Commissioner and the handling of appeals can be found at: www.informationcommissioner.gov.uk

If you wish to discuss this please contact the Freedom of Information Team using the contact details provided at the top of the first page. Please remember to quote your reference in any correspondence.

Yours sincerely

Freedom of Information Manager

ANNEX A

PUBLIC INTEREST TEST CONSIDERATIONS

FOI Request number: 09/265

PUBLIC INTEREST TEST IN RELEASING INFORMATION:

There is a general public interest in being able to understand the way in which Government works and how decisions are made and the extent to which various factors influenced those decisions. Disclosure would provide greater transparency and accountability and increased levels of public interest and trust in the conduct of public affairs.

PUBLIC INTEREST IN RETAINING INFORMATION:

The information relates to the formulation and development of policy. This issue remains under discussion with Trade Union Side (TUS).

The Department must, as provided for in section 35, have the ability to maintain private space to have internal discussions of policy options and develop their views away from public scrutiny. If officials were unable to freely discuss matters and establish the appropriate government position/message, it could inhibit the ability of officials to share opinions in writing and at a sufficient level of detail. Government Officials need space to offer advice on political and difficult issues with candour.

OUTCOME OF PUBLIC INTEREST TEST CONSIDERATIONS

It is recommended that this information should be retained and not made available for public dissemination as provided for under section 35 for the reasons set out above.

Northern Ireland Office

Freedom of Information Team

Annex A

Dundonald House

Stormont Estate

Belfast

BT4 3SU

Telephone 028 90765841

Email: [NIO request email]

Freedom of Information Team