Kennedy v The Information Commissioner & Anor

Kennedy v The Information Commissioner & Anor

Section 32(2) of the Freedom of Information Act 2000 provides an absolute exemption for documents placed in the custody of an inquiry, continuing for thirty years after the inquiry concludes, unless section 3 of the Human Rights Act 1998 requires the provision to be read down to comply with Article 10 ECHR; the Human Rights issue is referred to the tribunal for determination.

Parties
Appellant: Dominic Kennedy; First Respondent: The Information Commissioner; Second Respondent: The Charity Commission
Jurisdiction
England and Wales
Judgment Date
12 May 2011
Procedural Posture
Appeal / Court of Appeal Judgment, Post High Court Dismissal, Appeal Stayed and Referred to Tribunal on Human Rights Issue
Outcome
Appeal not dismissed; stayed and referred to tribunal for determination of Human Rights issue.
Legal Topics
Statutory Interpretation, Exemptions Under Freedom of Information Act, Disclosure of Inquiry Documents, Compatibility With European Convention on Human Rights Article 10
Administrative Law Freedom of Information Human Rights Statutory Interpretation Exemptions Under Freedom of Information Act Disclosure of Inquiry Documents Compatibility With European Convention on Human Rights Article 10

Case Brief

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Parties

Dominic Kennedy

Appellant

The Information Commissioner

First Respondent

The Charity Commission

Second Respondent

Procedural Posture

Appeal / Court of Appeal Judgment, Post High Court Dismissal, Appeal Stayed and Referred to Tribunal on Human Rights Issue

Legal Issues

  1. 1 Whether section 32(2) of the Freedom of Information Act 2000 provides a blanket exemption for inquiry documents after the inquiry concludes
  2. 2 Whether section 32(2) must be read down to comply with Article 10 ECHR (freedom of expression)
  3. 3 Interpretation of statutory exemptions and their duration

Ratio Decidendi

Section 32(2) of the Freedom of Information Act 2000 provides an absolute exemption for documents placed in the custody of an inquiry, continuing for thirty years after the inquiry concludes, unless section 3 of the Human Rights Act 1998 requires the provision to be read down to comply with Article 10 ECHR; the Human Rights issue is referred to the tribunal for determination.

Court Disposition

Appeal not dismissed; stayed and referred to tribunal for determination of Human Rights issue.

Orders

  • Appeal stayed pending tribunal determination on Human Rights Act compatibility.
  • Tribunal to take evidence and hear argument on Article 10 ECHR and section 32(2) FoIA.