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Authority to release

Before making any decision on releasing information or on applying an exemption, you should ensure that you have the appropriate authority to make the decision.

You should ensure that you follow any local procedures in your authority which determine who has authority for releasing information. As a general rule, the more complex the request is, the more senior the official making the decision ought to be.

Role of ministers and senior officials

In a limited number of circumstances, ministers play a formal role in making a decision on releasing information. These are cases where the Freedom of Information Act specifically requires that a decision relating to the disclosure of information is taken at ministerial level. This applies in relation to the following provisions:

• section 36(2): departments can only rely on the exemption in section 36(2) (prejudice to effective conduct of public affairs) if a 'qualified person' considers that disclosure of the information would be prejudicial. In relation to a ministerial department, the 'qualified person' is any minister of the Crown
• section 23(2): where information was directly or indirectly supplied by one of the bodies that deal with security matters and that are listed in section 23(3), a certificate that conclusively evidences this fact can only be signed by a minister of the Crown
• section 24(3): where exemption from the right of access under the Act is required for the purpose of safeguarding national security, a certificate which conclusively evidences this fact can only be signed by a minister of the Crown
• section 53(2): only a minister of the Crown who is in the Cabinet, or a UK law officer, can use the 'ministerial veto' that overrides a relevant decision of the Information Commissioner requiring disclosure.

Where ministerial certificates are concerned, you must ensure that the officials advising ministers on the use of such certificates are of sufficient seniority to make the decision to recommend their use. If you consider that the information requested may be covered by a ministerial certificate you should consult the Clearing House.

Apart from these specific cases, there may be a range of other instances where information is to be disclosed where ministers will need to be made aware, and advised on handling implications.