Request for copies of research by the European Research Group

I can confirm that we hold information relevant to your request, but it is subject to a Refusal Notice under sections 41 and 43 of the FOIA.

Section 41 – information provided in confidence

This exemption applies where disclosure of information which has been received by a public authority, in response to a request under the FOIA, would constitute a breach of confidence and where a legal person could bring a court action for the breach and that court action would be likely to succeed.

The research material is provided to IPSA in order that it can verify that the material does not breach The Scheme of MPs’ Staffing and Business Costs (the Scheme). The research material is provided by the ERG on the understanding that it will only be used for the purpose of assurance and that it remains confidential. If IPSA were to disclose any of the other research materials which it holds for the purpose of assurance, under the FOIA, this would be seen as a breach of confidence and any court action against IPSA would be likely to succeed. IPSA, therefore, relies on the exemption at section 41(1) – this is an absolute exemption and therefore not subject to the public interest test.

Section 43 – commercial interests

This exemption applies where the disclosure of information would or would be likely to prejudice the commercial interests of any person.

The ERG is a subscription-based service and the research materials are only available to those who pay to use the service, or to IPSA as part of its assurance review process.

Subscribers have access to research materials produced by the ERG which is carried out for a fee; we believe that it would be prejudicial to the commercial interests of the ERG to disclose this material into the public domain for free. We accept that some of the material which is held dates back a few years, however, it was still obtained as part of IPSA’s assurance review process and therefore we maintain that the public interest in withholding the information outweighs the public interest in disclosure at this time.