MOD file DEFE 24/2032/1

a therefore, although the 30 year point remains significant for two reasons: first, the obligation on_
9 departments to transfer records to the PRO before they reach 30 years old remains (Public
Records Act s 3(4)) and second, some exemptions cease to apply after 30 years (FOIA s 63(1)).
The FOI Act requires the PRO, as the authority holding the records, to respond to requests for
information relating to closed records by reviewing them to determine whether an exemption
applies. This is done in consultation with the department. If it is decided that an exemption
applies, and the exemption is one to which the public interest test applies, the department then
considers the public interest in disclosing the exempt information, in consultation with the Lord
Chancellor. These procedures are set out at s 66 ofthe. FOI Act, supported by s 15 which requires
the PRO to copy a request to the department when a public interest decision must be made.
One of the exemptions relates to 'information intended for future publication'. This might be
relevant to files that are awaiting release, but the exemption says that withholding the information
until the intended publication date would have to be 'reasonable in all the circumstances'. You
might like to note that this exemption cannot be claimed by the PRO if the records are over 3 0
years old (s 64(1)).
I hope this summary has helped to explain the position. If you want to know more about what the
Freedom oflnformation Act says, you might like to look at the Explanatory Notes published by
HMSO (ISBN 010 563 600 2).
I will write to you again regarding the remaining papers mentioned at paragraph 2 above, as soon
as possible.
Yours sincerely,