Question to the HM Treasury:

To ask Mr Chancellor of the Exchequer, what instructions have been given to staff in his Department dealing with freedom of information requests on the application of Freedom of Information Act Awareness Guidance No. 19, issued by the Information Commissioner's Office, in considering whether to apply the exemptions in section 38 of the Freedom of Information Act 2000.

Section 38(1)(a) of the Freedom of Information Act 2000 was used by HM Treasury on the following number of occasions in the last 5 years: 2011: 1.

- Section 38(1)(b) of the Freedom of Information Act 2000 was used by HM Treasury on the following numbers of occasions in each of the last 5 years: 2010: 2; 2011: 3; 2012: 1; 2013: 0; 2014: 1.

- Sections 38(1)(a) and (b) of the Freedom of Information Act 2000 were used together on the following numbers of occasions in each of the last 5 years: 2013: 2.

No guidance has been issued to staff on the application of Freedom of Information Act Awareness Guidance No.19, issued by the Information Commissioner's Office, about the application of section 38 of the Act. However, the Ministry of Justice has published its own guidance on the use of this exemption. This is available here: http://www.justice.gov.uk/information-access-rights/foi-guidance-for-practitioners/exemptions-guidance.