The Information Commissioner has ruled that the Cabinet Office correctly applied the exemption under section 35(1)(a) of the Freedom of Information Act 2000 (FOIA), concerning the formulation or development of government policy, in withholding some information (essentially the former Prime Minister's speaking notes) relating to meetings between the former Prime Minister and leading business executives. However, the Commissioner ruled that the background briefing materials should be disclosed, as the public interest in their disclosure, particularly in informing public debate, outweighed the public interest in maintaining the exemption. The Commissioner also held that the Cabinet Office was in breach of sections 17(1) and 17(3) of the FOIA in failing adequately to explain its decision.

Source: ICO press release, 15 August 2007; ICO decision notice, 30 August 2007.