ICO FOI Decision: Legal Advice on EU Withdrawal Bill

ICO Decision Notices

Filed February 6th, 2026

Detected February 14th, 2026

Summary

The ICO has issued a decision regarding a Freedom of Information request made to the Northern Ireland Office (NIO). The request sought legal advice on the EU Withdrawal Bill. The ICO determined that the advice is exempt from disclosure under FOIA section 42(1), upholding the NIO's decision not to release the information.

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What changed

The Information Commissioner's Office (ICO) has issued a decision notice (IC-455487-R9C3) concerning a Freedom of Information request directed at the Northern Ireland Office (NIO). The complainant sought legal advice related to the EU Withdrawal Bill. The NIO had withheld this advice, citing exemptions under FOIA sections 35(1)(a) (policy formulation) and 42(1) (legal professional privilege). The ICO has ruled that the information is exempt under section 42(1) and that the public interest favours maintaining this exemption, thus not upholding the FOI request.

This decision means that the specific legal advice sought by the complainant will not be disclosed by the NIO. For government agencies, this reinforces the application of legal professional privilege as a valid ground for withholding information under FOIA, particularly when balanced against the public interest. No compliance actions or deadlines are imposed on regulated entities as this is an individual case decision.

Source document (simplified)

The Northern Ireland Office

Date 6 February 2026
Sector Central government
Decision(s) FOI 42(1): Not upheld The complainant submitted a request to the Northern Ireland Office (NIO) seeking legal advice on a Private Members’ Bill whose purposes was to modify the effect on domestic law of arrangements relating to the withdrawal of the United Kingdom from the EU. The NIO withheld such advice on the basis of sections 35(1)(a) (formulation or development of government policy) and 42(1) (legal professional privilege) of FOIA. The Commissioner’s decision is that the withheld information is exempt from disclosure on the basis of section 42(1) and the public interest favours maintaining the exemption.