31.6 GOVERNMENT TRANSPARENCY

31.6.1 The Freedom of Information Act 2000 ("FOIA")'s underlying approach to release of information assumes that information should be released.

31.6.2 Furthermore, the Cabinet Office requirements for transparency in public sector procurement and contracting specify that new central Government procurement opportunities over the value of £10,000 and tender documents and contracts for central government over £10,000 are to be published in full on Contracts Finder. https://www.gov.uk/contracts-finder. Cabinet Office policy and guidance on transparency in public sector procurement and contracting can be found here:

http://www.cabinetoffice.gov.uk/content/policy-and-guidance-transparency-public-sector-procurement-and-contracting

These requirements apply to all central government departments including their agencies, all non-departmental public bodies, and NHS bodies and trading funds. Departments are responsible for meeting these requirements. Separate requirements apply to the wider public sector, such as local authorities. Broadly, only "commercially sensitive" information, information the dissemination of which is contrary to the public interest or information which is personally private should be withheld. In the public private partnership context the key concern relates generally to "commercially sensitive" information and (for defence related projects particularly) issues of national security. Exemptions to the right of access, based on commercial confidentiality grounds, are assessed by the contracting Authorities in accordance with the FOIA, and applied at their discretion (see section 31.7 below).

31.6.3 Extensive guidance on freedom of information, including the exemptions from the right of access and particularly exemptions 41 and 43 relating to information provided in confidence, and commercial interests, is available from the Ministry of Justice at these links:

http://www.justice.gov.uk/information-access-rights/foi-guidance-for-practitioners/working-assumptions/foi-assumptions-procurement

http://www.justice.gov.uk/information-access-rights/foi-guidance-for-practitioners/exemptions-guidance