Economic Growth
Request
I would like to make an FOI request for any correspondence received from any UK Government department with the term 'economic growth' within it that has been received by the Gambling Commission since January 1 2022.
Response
Thank you for your request which has been processed under the Freedom of Information Act 2000 (FOIA).
In your email you have requested:
‘I would like to make an FOI request for any correspondence received from any UK Government department with the term 'economic growth' within it that has been received by the Gambling Commission since January 1 2022.’
Please note, this search for correspondence was completed on the following email domains:
- @hmtreasury.gov.uk
- @dcms.gov.uk
- @businessandtrade.gov.uk
Please see the attached information held by the Gambling Commission we are able to disclose falling within the scope of your request. The following exemptions apply to some of the information that we hold.
Section 40(2)
Section 40(2) of FOIA exempts information from disclosure if disclosure would contravene any of the data protection principles. Therefore, in order to disclose this information, the Commission must be satisfied it has a lawful basis to do so.
We have redacted from the attached, information relating to identifiable individuals that would constitute personal data. This includes names and email addresses.
The Data Protection Act 2018 requires the processing of personal data to be fair and lawful. The Commission considers that it would be disproportionate for us to publicly disclose the personal data of these individuals, as there is no strong public interest in doing so.
There is no legitimate expectation that the personal information of these individuals will be disclosed in the context in which it is held.
On balance, there is no legitimate public interest in disclosing this information and it would not be fair to do so.
This information is therefore exempt under section 40(2) of the Freedom of Information Act 2000.
Section 35
Section 35 of FOIA applies to information held by central government departments or other bodies or authorities exercising statutory functions on behalf of the Crown.
Section 35 sets out four separate classes of information, each relating to a different activity. In this case, our view is that the following class of information applies to some of the information held:
(a) the formulation or development of government policy.
The purpose of subsection 35(1)(a) is to protect the integrity of the policymaking process, and to prevent disclosures which would undermine this process and result in less robust, well-considered policy options in private.
The FOIA does not define ‘government policy’ directly, however The Modernising Government White Paper (March 1999) describes policymaking as: “the process by which governments translate their political vision into programmes and action to deliver ‘outcomes’, desired changes in the real world.” We therefore understand government policy to be seen as a government plan to achieve a particular outcome or change in the real world. Policies can include both high-level objectives and detailed proposals on how to achieve those objectives.
To be exempt under section 35, the information must relate to the formulation or development of government policy. These terms broadly refer to the design of new policy, and the process of reviewing or improving existing policy.
This is a qualified exemption, therefore the Commission must consider whether the public interest in maintaining the exemption is greater than the public interest in disclosing the requested information.
Arguments in favour of disclosure
- The Commission is a public body which is required to regulate the gambling industry in the public interest. There is therefore a public interest in members of the public having confidence the Commission is being open and honest with the information it holds so that it can be held to account.
- We acknowledge that there is a legitimate public interest in promoting the accountability and transparency of the Commission. It is important that there is sufficient information in the public domain, so consumers have an understanding of the regulatory activity that the Commission is taking and any suggestion of changes to, or the formulation of, government policies.
- Increase the public understanding of the relationship between central government and Crown bodies.
- Disclosure of the requested information could demonstrate to stakeholders and relevant parties how the Commission is discussing the formulation of policies and, furthermore, this disclosure may encourage stakeholders to work with us and contribute to our programme of work, increasing confidence in the Commission as a regulator and its ability to uphold the law.
Arguments in favour of maintaining the exemption
- To disclose this information to the public could impact on the free and frank exchange of information between the Commission and third parties in future.
- The Commission is focused on protecting policymaking processes, which includes preserving a ‘safe space’ for the Commission and third parties to discuss and debate live policy issues and possible implications of proposed reforms away from external interference and distraction, whilst preserving the convention of collective responsibility.
- The policy process also remains ongoing at the time of the request, and therefore further disclosure of the requested information could prejudice the outcome of ongoing or future policy formulation by the Commission by exposing techniques and practices to the detriment of the public interest.
- Disclosure may hinder the candid nature of communications in the future which could be damaging to future decision making which again is not in the public interest. It is important that decisions can be discussed and reached freely.
Weighing the balance
The Commission acknowledges that there is a public interest in promoting the accountability and transparency of public authorities and the importance of having sufficient information in the public domain for stakeholders to understand our regulatory activity and any suggestion of changes to, or the formulation of, government policies.
However, disclosure of this information, at this time, would be damaging to the Commission as a regulatory body which ultimately serves to protect the wider public interest. There is a strong public interest in preserving the processes that the Commission has in place to discuss and debate policy issues away from external interference and distraction and preserving the convention of collective responsibility.
Given the points considered, the Commission believes that the interests of the public are better served through maintaining the exemption.
Review of the decision
If you are unhappy with the service you have received in relation to your Freedom of Information request you are entitled to an internal review of our decision. You should write to FOI Team, Gambling Commission, 4th floor, Victoria Square House, Victoria Square, Birmingham, B2 4BP or by reply to this email.
Please note, internal review requests should be made within 40 working days of the initial response. Requests made outside this timeframe will not be processed.
If you are not content with the outcome of our review, you may then apply directly to the Information Commissioner (ICO) for a decision. Generally, the ICO cannot make a decision unless you have already exhausted the review procedure provided by the Gambling Commission.
It should be noted that if you wish to raise a complaint with the ICO about the Commission’s handling of your request for information, then you are required to do so within six weeks of receiving your final response or last substantive contact with us.
The ICO can be contacted at: The Information Commissioner’s Office (opens in a new tab), Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF.
Information Management Team
Gambling Commission
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