26 February 2010

OUR Reference: 10/16

Dear Sir / Madam

Thank you for your request for information dated 2 February 2010 where you asked for information relating to the British Irish Intergovernmental Conference. You asked in particular for information relating to:

Your Request

(i) Mary Madden is the British Joint Secretary of the British-Irish Intergovernmental Conference

(iii) There are currently eleven Northern Ireland Office staff on the British side

In relation to the information requested in ii and iv relating to the Irish side of the British Irish Intergovernmental Secretariat, we have concluded that these details are exempt from release under section 27 (1) (a) of the Freedom of Information Act 2000 as disclosure would be likely to prejudice relations between the UK and the Irish Government.

Section 27 is a qualified exemption and requires a public interest test to be carried out. The public interest test is a balancing exercise to consider whether the public interest in withholding the information outweighs the public interest in releasing the information. This is set out in Annex A attached.

General information

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 stating the reasons and within 2 months of receiving this letter.

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:

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

QUALIFIED EXEMPTION DETAILS

Section 27- International relations

Section 27(i)(a) provides that this information is exempt from disclosure because of the prejudicial effect it would or would be likely to have on international relations. This is a qualified exemption and we have carried out a public interest test detailed below.

(insert reasoIn favour of release:

There is a general public interest in transparency and openness in how Government works. There is a public interest in demonstrating how governments work together to ensure that we sustain good working relationships between the British Government and the Irish Government.

In favour of non-disclosure:

The information we hold regarding the details of the Irish Joint Secretary and the Ireland team is of a confidential nature, the release of which would or could be likely to jeopardize relations between the UK Government and the Irish Government. We also consider that it would be inappropriate for the British Government to disclose information in relation to Irish Government staff members. We feel that to do so would significantly undermine the Government's ongoing relationship at an official level with the Irish government and damage future sharing of information. It is not in the UK's interests to damage international relations because it is to the Government's advantage that foreign officials have confidence in the UK Government and are willing to engage in dialogue and the exchange of views.

We therefore concluded that the public interest test in retaining this information outweighs the public interest in release.

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