Wirral In It Together

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http://paulcardin.substack.com

To:

The Chair

Public Administration and Constitutional Affairs Committee (PACAC)

House of Commons

London SW1A 0AA

 pacac@parliament.uk

CC: Information Commissioner’s Office; Richard Tice MP; Campaign for Freedom of Information; Open Democracy; national media desks

Dear Chair,

I write to raise a matter of serious constitutional and legal concern regarding the Duchy of Lancaster and its relationship with the Freedom of Information Act 2000 (FOIA).

For many years, it has been the settled position of Government that the Duchy of Lancaster is not a “public authority” for the purposes of FOIA and therefore not legally subject to the Act. Yet in practice, the Duchy and its associated offices have relied on FOIA exemptions and the FOI Clearing House system to withhold or filter information from public scrutiny — including the use of Section 14(1) (vexatious) and other exemptions.

This is a clear legal contradiction:

•  If the Duchy is not subject to FOIA, it cannot lawfully rely on FOIA exemptions or Clearing House mechanisms to restrict access.
•  If it is acting under FOIA in substance, then it should be designated a public authority under Section 5 of the Act and be fully accountable to the public.

Furthermore, if the Duchy of Lancaster is not a public authority, it raises an obvious constitutional question: why does it have an assigned Cabinet Minister — the Chancellor of the Duchy of Lancaster — and hold regular weekly meetings with government officials and the monarch? This arrangement clearly demonstrates a public and governmental function, making the Duchy’s claim to FOI exemption untenable.

The current situation allows the Duchy to enjoy the protections of FOIA without its obligations, creating a transparency loophole at the heart of government. This undermines the Nolan Principles of Public Life, administrative fairness, and the public’s right to know.

I therefore urge PACAC to:

1. Initiate a formal inquiry into the Duchy’s use (direct or indirect) of FOIA mechanisms.
2. Require the Cabinet Office and the ICO to clarify under what authority the Duchy relies on FOIA exemptions.
3. Recommend that the Duchy be formally brought within FOIA or be barred from invoking FOI protections if it remains outside the Act.

This issue goes beyond any individual request. It touches upon constitutional accountability and the public’s right to transparent governance. A body linked to the Sovereign must not operate in a legal grey zone.

Alan M Dransfield

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