Chapter 02: What constitutes information of the type covered by this exemption?
2.1 Section 37(1)(a) is not concerned with all information
relating to Her Majesty, other Members of the Royal Family, or the Royal
Household. Rather it is concerned more narrowly with information relating
to communications with Her Majesty, other Members of the Royal Family, or
the Royal Household. The sort of information which may be found on departmental
files which will needed to be considered under this exemption will include:
direct communication between the Sovereign or other members of the
Royal Family and government Ministers;
correspondence between the Royal Households and either Ministers
or officials;
copies of correspondence between the Sovereign, other members of
the Royal Family or their Households and third parties;
notes, records or agendas of Ministerial audiences (that is private meetings
between a member of the Royal Family and one or more Ministers, although
the term audience may not appear in the record itself);
material detailing possible contents of correspondence or discussion
with the Sovereign, other Members of the Royal Family or their Households;
material which has been, or will be, shown to Her Majesty for approval;
material concerning the drafting of broadcast statements, speeches
and messages sent by or on behalf of the Sovereign or other Members
of the Royal Family.
2.2 Information held by public authorities relating to
Her Majesty, other Members of the Royal Family or the Royal Household, but
not relating narrowly to communications with Her Majesty, other Members
of the Royal Family or the Royal Household, may cover a wide range of subjects.
Such information is not exempt information under section 37(1)(a), but it
may be exempt under other sections of the Act. For instance:
Information relating to communications with, and between, public
authorities concerning Royal visits may be exempt under section 31
(law enforcement) or section 38 (health and safety).
Personal information relating to the Sovereign and members of the
Royal Family, including their private finances and property and future
funeral arrangements, and in particular functions carried out in a
private capacity, may be exempt under section 40 (personal information).
2.3 Other exemptions which may be relevant to information
relating to Her Majesty, other Members of the Royal Family or the Royal
Household are discussed in chapter 4 at paragraph 4.1 - 4.3.
