19 January 2009

Mr S Hardwicke Carruthers

Via email ([FOI #4955 email])

Our ref: CS/08/0120/HJP

(Please quote our reference when contacting us)

If telephoning contact Hilary Pook on 020 7217 4734

or if using email send to: [email address]

Dear Mr Hardwicke Carruthers

Request for information

In your email of 18 December, you asked for the counsel's advice referred to in the Commission's 2003 Triennial Review of the Local Government Act 1974.

You have requested counsel's opinion. The opinion that you requested is subject to legal advice privilege. It was a confidential communication between counsel and the LGO made for the dominant purpose of giving legal advice.

Legal advice privilege is one aspect of legal professional privilege. Information covered legal professional privilege is exempt from disclosure under the Freedom of Information Act 2000 (section 42). This exemption is subject to the public interest test.

The Information Commissioner's guidance makes clear that there is an inherent public interest in maintaining the legal professional interest exemption as safeguarding openness in all communications between client and lawyer to ensure access to full and frank legal advice… is fundamental to the administration of justice. The ICO guidance indicates that there will be relatively few cases where the public interest in disclosure outweighs the public interest in maintaining the exemption.

I have considered the factors in favour of disclosure. In particular, I have considered the general public interest in favour of disclosure under FOI, whether the passage of time has rendered counsel's opinion less recent or live, whether litigation is contemplated.

Having taken into account the public interest factors in favour of maintaining the exception, and the public interest factors in favour of disclosure, I have concluded that the public interest test favours maintaining the exemption. This means I will not disclose counsel's opinion to you.

/…

That concludes my response. If you feel I have not dealt properly with your request, you have the right to appeal and, should you wish to do so, I can supply a copy our internal complaints procedure. You also have the right to apply to the Information Commissioner to determine whether your request has been properly dealt with. You should note however that the Commissioner will not consider any complaint where you have not first exhausted our internal complaints process or where there has been undue delay in contacting him. You will be able to obtain further details of the Information Commissioner's role from the website on www.ico.gov.uk.

Yours sincerely

Hilary Pook (Ms)

Communications and Records Manager

LGO 01 (03/08)