FOIA: Section 37(1)(b) exemption held not to apply to information relating to formulation of military honour despite ICO guidance (FTT(IR))

On 16 January 2017, the First-tier Tribunal (Information Rights) held that information relating to a proposed new military honour could not be withheld by the Cabinet Office by way of the qualified exemptions in sections 35(1)(a) (formulation or development of government policy) and 37(1)(b) (conferring by the Crown of any honour or dignity) of the Freedom of Information Act 2000 (Anthony Morland v Information Commissioner and another (EA/2016/0078) (16 January 2017).) NOTE: this decision was set aside by the Upper Tribunal in Cabinet Office v Information Commissioner and another [2018] UKUT 67 (AAC) (1 March 2018).