Section 35 is aimed at protecting the government policy-making process
and its proper use is essential to ensuring the delivery of effective
government. Section 35 applies to information which relates to:
the formulation and development of government policy;
communications between Ministers (including Cabinet proceedings);
the provision of advice by the Law Officers (or any request for advice);
and
the operation of any Ministerial private office.
Key points:
Section 35 can only be used by government departments or the National
Assembly for Wales;
Once a policy decision has been taken, statistical information that
was used to inform the decision will no longer be protected only on
the grounds that it relates to government policy or ministerial communications;
Departments must be alive to the need to consult with interested departments
and, where necessary, the DCA co-ordination unit to ensure that this
exemption is properly applied;
Section 35 It is closely related to section 36 which protects the
effective conduct of public affairs but the two exemptions are alternatives
and cannot be used cumulatively;
Section 35 is subject to a public interest balance. Section 35(4)
indicates that there is a particular public interest in the disclosure
of factual information which is used to inform policy decisions.
