Recording publication plans
3.1 Because the application of the exemption under section 22 turns on a view or intention, evidential considerations will be particularly important. Public authorities should consider whether and how to record and evidence this intention if it is not readily apparent. In particular, public authorities should consider how they would show that the information was held with a view to publication at the time that the FOI request was received. In some cases it may be possible to point to the department's publication scheme to show that publication is planned. In others it will be obvious that the purpose of having the information is to disseminate it in due course - e.g. White papers, Inquiry reports, prepared press releases.
Consultation
3.2 In the case of information held with a view to publication by another person, it may be advisable to consult that person, before coming to a decision on the request. Otherwise it may not be possible to reach a decision as to the reasonableness of delaying publication until the intended date and the subsequent operation of the public interest balance. The application of section 43 to that person's commercial interests, or any duty of confidence owed to that person (section 41), may need to be considered.
Responding to requests
3.3 If information is exempt under section 22, public authorities should consider whether it is possible and appropriate to disclose the expected publication date without harming the publication.
Keeping the publication timetable under review
3.4 Even where information is properly withheld under the terms of section 22, that does not guarantee that the original timetable for publication may be adhered to at all costs. Further requests do need to be considered on their own merits in the light of any relevant change in circumstances. Sustained public pressure for publication may in some circumstances become a relevant consideration in its own right.
3.5 Where, in a case to which section 22 might have applied, the public interest test in fact comes down in favour of immediate disclosure, the public authority may wish to consider whether to bring forward the publication where it has an interest in general disclosure rather than just giving the information to those who happen to submit FOI requests. Bringing forward the publication date may also be a convenient consideration if it is anticipated that the FOI applicant is likely to publish the information himself. This would not relieve the public authority of the duty to respond to the request unless publication takes place within the timeframe for responding to the request and thereby becomes accessible to the applicant by other means.