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5.1 Section 34 deals with information which relates in a particular way to the proceedings of Parliament. The content of the information may also be relevant to any of the other exemptions in the Act. Section 34 may, in principle, be asserted together with another exemption. But where parliamentary privilege is certified by the House authorities under section 34, citing a further exemption will be unnecessary. Moreover, section 34 is absolute; and where parliamentary privilege applies, Departments are not free to ignore it.
5.2 In relation to a Government department, sections 35 and 36 are very likely to be relevant. Section 35 concerns, amongst other things, Ministerial communications and information relating to the formulation of government policy. The following points in relation to section 36 should be noted in particular.
5.3 Section 36 deals with the effective conduct of public affairs. Information is exempt if in the reasonable opinion of a qualified person its disclosure would prejudice the effective conduct of public affairs. Normally, section 36 is subject to the public interest test. However, in relation to information held by either House of Parliament, a certificate signed by either the Speaker (for the Commons) or the Clerk of the Parliaments (for the Lords) that release of the information would prejudice the effective conduct of public affairs is conclusive evidence of that fact. Under section 2(3)(e) the public interest test does not apply, and under section 36(7) the Information Commissioner cannot substitute his judgement for that of the relevant person. You should note particularly that this protection applies only to information held by either House of Parliament. You cannot seek a Speaker's or the Clerk's certificate for information held by a Government department.
5.4 Communications between MPs and Ministers about constituents' issues may be exempt under section 40 to the extent that they constitute personal information. [footnote 3]
5.5 Section 42 (legal professional privilege) may also apply to some of the material covered by section 34.