5.1 Officials will often need to consider the international
relations exemption alongside other exemptions. The exemptions which are
the most likely to be relevant are:
section 23 (Information supplied by, or relating to, bodies dealing
with security matters) - for example in cases where that information
concerns foreign governments or nationals;
section 24 (National security) - for example in cases where confidential
information supplied by a foreign government needs to be protected
for our own national security reasons;
section 26 (Defence) - for example in cases of joint projects or
operations where disclosure would prejudice not only our own defence
interests but those of our allies;
section 28 (intra- United Kingdom relations) - for example when
information concerning international relations is held by Devolved
Administrations;
section 30 (Investigations and proceedings conducted by public authorities)
- for example in relation to requests made to or received from overseas
police, prosecutors and courts in respect of criminal investigations
and prosecutions;
section 31 (Law enforcement) - for the same reasons as section 31;
sections 35 (Formulation of government policy, etc.) and 36 (Prejudice
to effective conduct of public affairs) - for example in relation
to the development of foreign policy;
section 37 (Communications with Her Majesty etc) - for example in
relation to Royal visits overseas or state visits to the United Kingdom;
section 38 (Health and safety) - for example in relation to the
safety of United Kingdom subjects overseas;
section 39. (Environmental Information) - if environmental information
within the meaning of the Environmental Information Regulations is
requested, it is exempt from the FOI Act and its disclosure must be
considered in accordance with the Environmental Information Regulations.
section 41 (Information provided in confidence) - where disclosure
of that information would not only be an actionable breach of confidence
but would also prejudice international relations; and
section 43 (Commercial interests) - for example where disclosure
would prejudice the United Kingdom's commercial interests both domestically
and abroad.
5.2 Officials should consult the separate guidance on
each of these exemptions to establish which, if any, is also relevant to
the request you are considering. If a request relates to one of the security
and intelligence agencies or another body listed in section 23 of the FOI
Act, officials will need to establish whether the information is covered
by a prospective Ministerial certificate on national security or has been
the subject of a specific certificate. If officials use more than one exemption
they should cite them all in their reply to the applicant.
