FOI 2021 - 2

Thank you for your request for information, received by the Office on 11
April 2021. This request is being treated under the terms of the Freedom
of Information Act 2000 (the 'FOI Act'). Your request was as follows:

‘Please publish all of your Office's correspondence with Rt Hon David
Cameron and all supporting evidence that he provided to you between
March 22nd - 26th 2021 in connection with your Office's investigation as
to whether he acted as an unregistered consultant lobbyist, (as outlined
here:
[1]https://registrarofconsultantlobbyists.o...

The information you have requested is exempt under section 40(2); 31(1)
and (2)(a) of the FOI Act. 

Section 40(2) exempts personal information from disclosure if that
information relates to someone other than the applicant, and if
disclosure of that information would, amongst other things, contravene
one of the data protection principles in Schedule 1 of the Data
Protection Act. Disclosure in this case would contravene the first data
protection principle, which provides that personal data must be
processed fairly and lawfully. Section 40(2) is an absolute exemption
and the [2]Office of the Registrar of Consultant Lobbyists is not
obliged to consider whether the public interest favours disclosing the
information.

The relevant parts of section 31 exempts information if its disclosure
would, or would be likely to, prejudice the prevention or detection of
crime or the exercise by any public authority of its functions,
including ascertaining whether any person has failed to comply with the
law.

All information we hold relating to Mr Cameron concerns an investigation
by the Registrar as to whether the individual had complied with the
requirements of the Transparency of Lobbying, Non-party Campaigning and
Trade Union Administration Act 2014 as regards registration of
consultant lobbying activity: a failure to comply being an offence under
that Act. The information contains details about the investigation that
would assist the avoidance of detection by anyone prospectively seeking
to avoid compliance with the statutory requirements. Disclosure of this
information would make it easier to hide deliberate non-compliance with
the legislation and/or make it less likely that individuals would
provide full information to the Registrar during an investigation. In
either case, it would reduce the effectiveness of the Registrar in
detecting instances of non-compliance with the law. Although it should
be noted that to aid transparency a case summary of the investigation
was produced and published on our website and can be found using the URL
[3]https://registrarofconsultantlobbyists.o....

The exemption in section 31 is a qualified exemption and the Registrar
has considered whether the balance of the public interest favours
releasing or withholding this information. There is a general public
interest in disclosure of information and the Registrar recognises that
openness in a public body may increase public trust in and engagement
with that body. The Registrar also recognises a more specific public
interest in assuring the public that effective arrangements are in place
for the prevention and detection of the offence of unregistered
consultant lobbying.

The Registrar has weighed these against a strong public interest in the
practical effectiveness of the processes employed to prevent and detect
unregistered consultant lobbying. It is contrary to this public interest
to disclose information that would facilitate non-compliance or hinder
its detection. Taking into account all the circumstances of this case,
the Registrar has concluded that the balance of the public interest
favours withholding this information.

If you have any questions about the content of this reply, please
contact me directly, using the contact details below. If you are not
content with this response, you may make a complaint to the Information
Commissioner. 

The details of how to do so are set out on the website of the
Information Commissioner's Office:
[4]https://ico/org.uk/make-a-complaint.

References

Visible links
1. https://registrarofconsultantlobbyists.o...
2. https://registrarofconsultantlobbyists.o...
3. https://registrarofconsultantlobbyists.o...
4. https://ico/org.uk/make-a-complaint