FOI release

Response: Meeting with Lord Parkinson on the PSTI Bill

Published 9 July 2024

Reference number	FOI2024-10365
Date of request	11 June 2024
Date of response	9 July 2024
Outcome	Information withheld

Request for information

The Department for Science, Innovation and Technology (the department) received the following request for information which we responded to under the Freedom of Information Act 2000 (FOIA):

My request relates to a meeting between Lord Parkinson of Whitley Bay, the Parliamentary Under-Secretary, and Earl of Lytton, Earl of Devon, Lord Thurlow, on 15/06/2022. The meeting was held to discuss the Product Security and Telecommunications Infrastructure (PSTI) Bill.

Under the act, I would like to request complete copies of the minutes and agenda of this meeting. I would also like to request complete copies of all and any documents (such as briefing material, letters, memos, emails, memorandums of conversations) which were prepared for or connected with this meeting, either before or after the event.

I would also like to ask your department on answering this request to provide a schedule of documents which are relevant to this request. I believe that there should be a brief description of each relevant document including the nature of the document, the date of the document, and whether the document is being released or not. I believe that providing such a schedule would clarify what documents are being released and what is being withheld, and would also represent best practice in open government.

Our response

We can confirm that the Department for Science, Innovation and Technology (DSIT), does hold the requested information. However, after careful consideration, we are withholding the information under Section 35(1)(a) of the FOIA, as the information relates to ongoing policy development.

As Section 35 is a qualified exemption, the department must carry out a public interest test.

Public interest test in relation to section 35(1)(a)

Section 35: The formulation or development of government policy

Section 35 provides an exemption to the release of information where the information is required to enable ministers and officials to engage, confidentially, in full and frank discussion of policy and other administrative matters. Information is within the scope of the section 35 exemption if it “relates to” any of the types of information listed below:

• the formulation or development of government policy
• Ministerial communications
• the request for, or provision of, advice by any law officer
• the operation of any ministerial private office.

The sensitivity of the information is likely to diminish with the passage of time, so that the age of the information, or timing of the request may be relevant in determining whether to apply the exemption or where the public interest may lie. Section 35 is a qualified exemption, and we are obliged to consider the public interest test. More information on this exemption can be found here: Freedom of Information Act 2000

Factors for disclosure

• Public interest in the disclosure of information to ensure transparency and visibility of public bodies being held to account regarding decisions made and use of funds.
• Providing the public with information to help their understanding of decisions which affect them.
• The general interest in transparency, which can support the public to understand how government policy is formulated.
• Disclosure may serve to widen the base of stakeholder and public engagement which may in turn assist in the development and scrutiny of policy formulation.

Factors against disclosure

• The degree to which the public interest in openness has already been met by the disclosure of information on the same subject through parliamentary scrutiny. The Product Security and Telecommunications Infrastructure Act 2022 was fully debated during parliamentary passage of the legislation. Transcripts of all debates, which set out government’s position in detail, are publicly available on Hansard.
• The public interest in maintaining a “safe space” in which government officials can develop their thinking and explore different options in communications and discussions. The information in question remains the subject of active ongoing development of government policy. While the Product Security and Telecommunications Infrastructure Act 2022 received Royal Assent in 2022, provisions affected by the valuation framework have not yet been commenced. Disclosing this information could hamper policy development and affect ministerial decision-making.

Having considered these factors, we are satisfied that it is appropriate to withhold the information.