FOIA Section 37 Exemption

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Section 37: Communications With Her Majesty, With Other Members Of The Royal Household, And The Conferring By The Crown Of Any Honour Or Dignity

Section 37 applies to two categories of information:

  • Information relating to communications with Her Majesty, other members of the Royal Family or the Royal Household; and
  • Information relating to the conferring by the Crown of any honour or dignity.

Key points:

  • It is a fundamental constitutional principle that communications between the Queen and her Ministers are essentially confidential in nature: in most situations, the public interest in disclosure is likely only exceptionally to outweigh the public interest in maintaining this aspect of the exemption;
  • In respect of both parts of this exemption, public authorities should be alive to the need to consult relevant departments or private offices;
  • The exemption applies in relation to deceased members of the Royal Family;
  • Section 37 is subject to a public interest balance - see below as this will be amended to be an absolute exemption in 2010.

What the law says

37 Communications with Her Majesty, etc. and honours

(1) Information is exempt information if it relates to—

(a) communications with Her Majesty, with other members of the Royal Family or with the Royal Household, or
(b) the conferring by the Crown of any honour or dignity.

(2) The duty to confirm or deny does not arise in relation to information which is (or if it were held by the public authority would be) exempt information by virtue of subsection (1).

Amendment to this exemption in 2010

There is a major amendment to the Freedom of Information Act 2000 relating to this Exemption, included in the Constitutional Reform and Governance Act 2010 which was controversially made law as part of the "wash-up period" at the end of the parliamentary session ahead of the May 2010 general election. The main effect is to make the exemption an absolute one, i.e. not requiring a public interest test. It also formalises which members of the Royal Family are included. This Section requires a commencement order via Statutory Instrument before it becomes active in law.

Section 46 of the CRGA 2010 says "Schedule 7 (which makes amendments of the Freedom of Information Act 2000 (c. 36)) has effect".

Schedule 7 Amendments of Freedom of Information Act 2000[1]

1 The Freedom of Information Act 2000 (c. 36) is amended as follows.
2 In section 2(3) (exemptions not subject to public interest test) after paragraph (e) insert—
“(ea) in section 37, paragraphs (a) to (ab) of subsection (1), and subsection (2) so far as relating to those paragraphs,”.
3 In section 37(1) (communications with Her Majesty, etc.), for paragraph (a) substitute—
“(a) communications with the Sovereign,
(aa) communications with the heir to, or the person who is for the time being second in line of succession to, the Throne,
(ab) communications with a person who has subsequently acceded to the Throne or become heir to, or second in line to, the Throne,
(ac) communications with other members of the Royal Family (other than communications which fall within any of paragraphs (a) to ::(ab) because they are made or received on behalf of a person falling within any of those paragraphs), and
(ad) communications with the Royal Household (other than communications which fall within any of paragraphs (a) to (ac) because they are made or received on behalf of a person falling within any of those paragraphs), or”.


This will result in the following text for the Freedom of Information Act 2000 Section 37 exemption:

37 Communications with Her Majesty, etc. and honours

(1) Information is exempt information if it relates to—

(a) communications with the Sovereign
(aa) communications with the heir to, or the person who is for the time being second in line of succession to, the Throne,
(ab) communications with a person who has subsequently acceded to the Throne or become heir to, or second in line to, the Throne,
(ac) communications with other members of the Royal Family (other than communications which fall within any of paragraphs (a) to (ab) because they are made or received on behalf of a person falling within any of those paragraphs), and
(ad) communications with the Royal Household (other than communications which fall within any of paragraphs (a) to (ac) because they are made or received on behalf of a person falling within any of those paragraphs), or
(b) the conferring by the Crown of any honour or dignity.

(2) The duty to confirm or deny does not arise in relation to information which is (or if it were held by the public authority would be) exempt information by virtue of subsection (1).

Official Guidance

DCA Guidance: http://www.dca.gov.uk/foi/guidance/exguide/sec37/index.htm

Decision Notices

Complaints upheld / partly upheld (P) Complaints not upheld
  • FS50197502 - Cabinet Office - 16/03/2010
  • FS50191352 - Ministry of Defence - 02/02/2010
  • FS50197952 - Cabinet Office - 28/01/2010
  • FS50169315 - North West London Hospitals NHS Trust - 16/11/2009
  • FS50178553 - Wakefield Metropolitan District Council - 14/10/2009
  • FS50171494 - University of East Anglia - 21/09/2009
  • FS50222633 - Coventry City Council - 03/08/2009
  • FS50130316 - Food Standards Agency - 27/07/2009
  • FS50156313(P) - Department for Transport - 01/07/2009
  • FS50125005(P) - Trafford Metropolitan Borough Council - 17/06/2009
  • FS50125350 - National Police Improvement Agency - 16/06/2009
  • FS50124622 - University of Cambridge - 03/06/2009
  • FS50164262 - Bristol City Council - 27/05/2009
  • FS50121803(P) - Ministry of Justice - 14/04/2009
  • FS50188864 - Higher Education Funding Council for England - 31/03/2009
  • FS50140374(P) - University of Central Lancashire - 30/03/2009
  • FS5073382 - Chief Constable of West Yorkshire Police - 16/03/2009
  • FS50128406 - Export Credits Guarantee Department - 23/02/2009
  • FS50090393 - BBC - 09/02/2009
  • FS50088736 - Department of Health - 29/01/2009
  • FS50149375 - Department of Health - 22/12/2008
  • FS50149373 - Department of Health - 22/12/2008
  • FS50149374 - Department of Health - 22/12/2008
  • FS50146033 - Vehicle and Operator Services Agency - 23/10/2008
  • FS50123184(P) - Office for Standards in Education - 24/09/2008
  • FS50145663 - Department for Environment Food and Rural Affairs - 11/09/2008
  • FS50121687 - The Broads Authority - 10/09/2008
  • FS50104541 - Health and Safety Executive - 21/07/2008
  • FS50123005 - UK Atomic Energy Authority (UKAEA) - 16/06/2008
  • FS50084359(P) - Plymouth Primary Care Trust - 05/06/2008
  • FS50124800 - Hertfordshire Partnership NHS Trust - 02/06/2008
  • FS50120314 - Department of Health - 15/04/2008
  • FS50072940 - University College London - 02/04/2008
  • FS50142318(P) - Somerset NHS Primary Care Trust - 26/02/2008
  • FS50105478 - Chief Constable of Cumbria Constabulary - 20/02/2008
  • FS50155412(P) - London Borough of Southwark - 19/02/2008
  • FS50155394(P) - Hampshire County Council - 19/02/2008
  • FS50155411(P) - London Borough of Redbridge - 19/02/2008
  • FS50155395(P) - Hertfordshire County Council - 19/02/2008
  • FS50155409(P) - London Borough of Lambeth - 19/02/2008
  • FS50155404(P) - London Borough of Hammersmith and Fulham - 19/02/2008
  • FS50155386(P) - Devon County Council - 19/02/2008
  • FS50155429 - Wiltshire County Council - 13/02/2008
  • FS50155406(P) - Harrow Council - 13/02/2008
  • FS50155410(P) - London Borough of Islington - 13/02/2008
  • FS50155417(P) - Norfolk County Council - 06/02/2008
  • FS50155397(P) - Kent County Council - 06/02/2008
  • FS50155421(P) - Royal Borough of Windsor and Maidenhead - 06/02/2008
  • FS50155403(P) - London Borough of Newham - 06/02/2008
  • FS50155416(P) - London Borough of Sutton - 06/02/2008... further results
  • FS50249189 - Derbyshire County Council - 19/04/2010
  • FS50237887 - Eastleigh Borough Council - 08/04/2010
  • FS50130319 - Commission for Architecture and the Built Environment - 31/03/2010
  • FS50124332 - Department for Transport - 30/03/2010
  • FS50252404 - Leeds City Council - 23/03/2010
  • FS50144197 - Department for Communities and Local Government - 02/03/2010
  • FS50127519 - Department for Children, Schools and Families - 02/03/2010
  • FS50139606 - Ministry of Defence - 02/03/2010
  • FS50237119 - Medicines and Healthcare Products Regulatory Agency - 18/02/2010
  • FS50204620 - Sport England - 15/02/2010
  • FS50248766 - General Medical Council - 15/02/2010
  • FS50247341 - Calderdale and Huddersfield NHS Foundation Trust - 07/01/2010
  • FS50213781 - Leicestershire County Council - 22/12/2009
  • FS50080236 - Department of Health - 21/12/2009
  • FS50213780 - Coventry City Council - 21/12/2009
  • FS50252409 - Leeds City Council - 21/12/2009
  • FS50192655 - Leeds City Council - 21/12/2009
  • FS50101577 - Northern Ireland Office - 15/12/2009
  • FS50080233 - Department for Business, Innovation and Skills - 15/12/2009
  • FS50080238 - Department for Children, Schools and Families - 15/12/2009
  • FS50080243 - Department for Culture, Media and Sport - 15/12/2009
  • FS50114757 - Cabinet Office - 15/12/2009
  • FS50080240 - Department for Environment Food and Rural Affairs - 15/12/2009
  • FS50208340 - Health and Safety Executive - 23/11/2009
  • FS50193290 - Home Office - 10/11/2009
  • FS50234376 - Charity Commission - 10/11/2009
  • FS50196759 - Department of Health - 10/11/2009
  • FS50202067 - Foreign and Commonwealth Office - 26/10/2009
  • FS50119361 - Department for Environment Food and Rural Affairs - 08/10/2009
  • FS50157902 - Office for Standards in Education - 28/09/2009
  • FS50137476 - Ministry of Defence - 17/09/2009
  • FS50225818 - Mayday Healthcare NHS Trust - 16/09/2009
  • FS50114760 - Cabinet Office - 09/09/2009
  • FS50148702 - Home Office - 08/07/2009
  • FS50187314 - Department for Business, Enterprise and Regulatory Reform - 09/03/2009
  • FS50137675 - Department for Culture, Media and Sport - 05/02/2009
  • FS50180838 - Department for Business, Enterprise and Regulatory Reform - 15/12/2008
  • FS50113735 - Lambeth Primary Care Trust - 05/08/2008
  • FS50074593 - Medical Research Council - 07/07/2008
  • FS50141388 - North East Wales Institute of Higher Education - 03/07/2008
  • FS50111328 - Department for Culture, Media and Sport - 23/06/2008
  • FS50153967 - Cabinet Office - 23/06/2008
  • FS50088378 - National Archives - 02/06/2008
  • FS50088853 - HM Treasury - 24/04/2008
  • FS50133293 - Hounslow Primary Care Trust - 17/03/2008
  • FS50155428 - West Sussex County Council - 14/02/2008
  • FS50155425 - Surrey County Council - 13/02/2008
  • FS50152888 - Companies House - 05/02/2008
  • FS50155375 - Bath and North East Somerset Council - 04/02/2008
  • FS50155379 - Cheshire County Council - 04/02/2008... further results

Includes DNs up to: 26 April 2010



Freedom of Information Act 2000
Exemptions
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