Room 405
xxxxxxxx@xxxxxxxxxxxxx.xxx.xx
70 Whitehall
www.cabinet office.gov.uk
London, SW1A 2AS
Kristian Healey-Ryder
By email: xxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxxxxx.xxx
FOI Reference: FOI2020/08199
13/07/2020
Dear Kristian Healey-Ryder
I refer to your request where you asked:
“Government Digital Service - Information required
“I am requesting the publication of the Intel igence and Security Committee's report into
Russian interference in UK democracy, completed in March 2019.
The report was sent to the prime minister on 17 October 2019. The Prime Minister
promised to publish the report after the 2019 general election, some six months ago.
Given this report examines the very fabric of our democracy, it is an affront to al voters
that its contents are stil unknown. It is likely that the non-publication is to save the
blushes of a single political party, which threatens democracy itself.”
I am writing to advise you that fol owing a search of our paper and electronic records, I
have established the information you requested is held by the Cabinet Office.
For clarity, I should explain that the version of the Intel igence and Security Committee
of Parliament’s report cleared by the Committtee before being passed to the Prime
Minister, and the version that was cleared for publication by the Prime Minister, are not
the same document. I have interpreted your request as for the version of the report that
has been cleared for publication.
On that basis, the report is continuing to be withheld under section 22(1) of the Freedom
of Information Act. Section 22(1) protects information intended for future publication.
Section 22 is a qualified exemption and I have considered whether the balance of the
public interest favours maintaining the exemption in section 22(1) or disclosing the
information. In accordance with the Justice and Security Act 2013 the careful
consideration of the impact of releasing sensitive information, on the advice of civil
servants, is a vital and statutory obligation held by the Prime Minister. This is to ensure
that the release of information wil not undermine the work of those who protect our
national security. The balance of interest for releasing the report ahead of its
publication date by the ISC has not changed and therefore the Cabinet Office considers
it appropriate to continue to withhold release of the report.
I should also point out that section 22(1)(a) of the Act specifical y states that a public
authority is not required to have an exact publication date in mind (either for its own
publication of the information, or publication by a third party) in order to rely upon the
exemption provided by section 22; there is merely required to be a prior intention to
publish (section 22(1)(b)). As the process for publishing ISC reports is set out in
legislation, this intention is clearly already established.
The report itself is the property of the independent ISC, and as such it is not in any
event for the Government to publish ISC reports; it is for the ISC to lay them before
Parliament. Once a new Committee has been established, it wil be up to them to
choose when they wish to publish it.
Final y, should our interpretation set out above as to which version of the report you are
seeking be incorrect, and you are seeking the version prior to the version cleared for
publication by the Prime Minister, then you may wish to be aware that the Intel igence
and Security Committee of Parliament is a named body under section 23(3) of the FOI
Act, and therefore al information provided by the ISC is exempt information under
section 23, which is an absolute exemption.
If you have any queries about this letter, please contact the FOI Team quoting the
reference number above.
If you are unhappy with the service you have received in relation to your request or wish
to request an internal review, you should write to:
Eirian Walsh Atkins
Cabinet Office
70 Whitehall
London
SW1A 2AS
email: xxxxxxxx@xxxxxxxxxxxxx.xxx.xx
You should note that the Cabinet Office wil not normal y accept an application for
internal review if it is received more than two months after the date that the reply was
issued. If you are not content with the outcome of your internal review, you may apply
directly to the Information Commissioner for a decision. General y, the Commissioner
cannot make a decision unless you have exhausted the complaints procedure provided
by Cabinet Office. The Information Commissioner can be contacted at:
The Information Commissioner’s Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Yours sincerely
FOI Team
Cabinet Office