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Parliamentary questions

What information does this cover?

The answer and background briefing for written and oral parliamentary questions.

Working assumption

Answers

Answers to parliamentary questions are exempt under Section 21 (Information accessible to applicant by other means) as they appear in Hansard and are freely available at the Parliament website. However, as a matter of good practice, departments should consider the release of answers on a discretionary basis.

Earlier drafts and agreed answers awaiting ministerial sign off

Earlier drafts and agreed answers awaiting ministerial sign off should be withheld under:

• Section 35(1)(a) (the formulation or development of government policy), orSection 36(2)(b) or (c) (release would otherwise prejudice, or would be likely otherwise to prejudice, free and frank advice/the effective conduct of public affairs).

In the case of environmental information, regulation 12(4)(e) should be cited. 

In the case of agreed answers awaiting ministerial sign off, departments should also consider the applicability of section 22 (information intended for future publication).

Background notes

Some, but not all, information contained in background notes should be releasable. Factual biographical information and statistical or other factual information can normally be released.

To the extent that information contained in background notes is not factual, or otherwise in the public domain, there are likely to be powerful arguments in favour of withholding it, and departments should consider the application of exemptions. Depending on the nature of the information, sections 35(1)(a) and 36(2)(b) and (c) will be particularly relevant.

The public interest arguments for non-disclosure may be stronger where the subject matter of the parliamentary question is particularly sensitive, or where background information has been obtained from a specialised source (for example a commercial or security assessment).

Background information may sometimes include information that could have formed part of the answer to the question, but a decision was taken that it should not be included. In this instance, this information would usually not be released in response to a freedom of information request.

Opinion, speculation, lines to take and information about unresolved policy issues should be withheld under the same exemption. Other exemptions may apply depending on the nature of the information.

For oral questions, departments should only consider releasing supplementary lines to take if the minister used them.

Where some information is being released but other information withheld, departments should release the information in summary format rather than make redactions. Releasing a redacted document could reveal the overall shape and nature of the content of the briefing.

Reasons for the working assumption

Under the Ministerial Code, ministers have a duty to account to Parliament, and be held to account, for the policies, decisions and actions of their departments and agencies. To ensure they are fully accountable ministers must be able to amend answers drafted by officials and should not be compromised in their ability to do so by the release of draft, unapproved, answers. It could be misleading to release an answer which has not yet been given to Parliament as such answers may not accurately reflect the minister's policy position or decision.

It is in the public interest that officials are able to provide free and frank, and where necessary extensive, briefing to ensure that ministers are able to fully respond to questions and discharge properly their duties to account for government policy to Parliament. If lines to take and discussion of current policy issues were released, officials would be more circumspect in drafting such briefing and ministers' ability to respond to questions would be compromised as a result.

Referral points

Where background information is particularly sensitive and would hit a Clearing House trigger, departments should refer the case. Requests for information on parliamentary questions concerning ministers, official appointments, or anything engaging a high level of media interest, should be referred without exception.

Any request for an internal review of an earlier decision to only partially release or to withhold information about answers to parliamentary questions and any such case appealed to the Information Commissioner or Information Tribunal must be referred to the Clearing House.