FOI 35-25: Information regarding advice given to the Speaker regarding Timothy Gaston MLA's amendments to the Assembly Members Remuneration Pay Bill

Information Standards Freedom of Information Response

16 June 2025
Our ref: FoI 35-25

Freedom of Information Act 2000

I am writing to confirm that the Northern Ireland Assembly Commission (Assembly Commission) has processed your request dated 9 May 2025 in line with the Freedom of Information Act 2000 (FOIA). In your request, you asked the following—

“Under the Freedom of Information Act, can you provide me with the advice given from the Bill Office to the Speaker on the admissibility of Timothy Gaston MLA's amendments to the Assembly Members Remuneration Pay Bill?

Did the Bill Office advise the Speaker that the amendments were not admissible?”

Our response

The Assembly Commission holds some information relevant to your request. The Assembly Commission has determined that this information is exempt from disclosure under one or more of the following grounds: 

Information accessible to applicant by other means

Under the FOIA, the Assembly Commission is not required to provide information that is already accessible to the public. This information is exempt from disclosure under section 21 of the FOIA as it is reasonably available by other means.  The following documents are publicly available as outlined below—

• Assembly Members (Remuneration Board) Bill
• Groupings List 
• Marshalled List 

Effective Conduct of Public Affairs

The remaining information held by the Assembly Commission is exempt from disclosure under section 36(2) of the FOIA because in the opinion of the Speaker—

• Disclosure of the information would be likely to inhibit the ability of Assembly Commission staff and Members to express themselves fully and frankly and in developing advice to the Speaker on amendments to legislation and legislation generally.  

• Disclosure of the information would inhibit the ability of Assembly Commission to engage fully in a deliberative process of policy development, which is particularly important when legislation is often politically sensitive.   

The public interest test

Section 36 is a qualified exemption, and the Assembly Commission has considered whether the public interest in maintaining the exemption is outweighed by the public interest in disclosure.

In considering the public interest test on this information, the Assembly Commission has identified the following points relevant to maintaining the exemption—

• It is important that the Speaker and Deputy Speakers have access to robust, impartial and independent advice on legislation, including the selection of amendments. The frankness of such advice would be inhibited by the possibility of its future disclosure.
• Disclosure of the information would inhibit the ability of Assembly Commission officials to engage fully with the deliberative process underpinning legislative development. This is particularly important given that legislation may be politically controversial.
• The view of the Speaker on such matters must be given appropriate weight, given his statutory functions under both the Freedom of Information Act 2000 and the Northern Ireland Act 1998  

The factors in favour of disclosing the information are:

• Assembly Commission officials would still provide advice and give their view regardless of whether that advice will be disclosed as this is part of their job.
• The disclosure of advice on the selection of amendments would allow Members to better understand the selection of amendments and tailor their proposals going forward.

The Assembly Commission is satisfied that that the public interest in maintaining the section 36(2) exemption outweighs the public interest in disclosing the information.

Further Information

You have the right to request an internal review of this decision by the Assembly Commission.  If you wish to request such a review, please write to me at the above address.  If, after that review, you are dissatisfied with the way in which the Assembly Commission has handled your request for information, you may complain to the Information Commissioner’s Office (ICO) at Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF.

Your request for information and our response may be published in the disclosure log maintained by the Assembly Commission under a publication scheme agreed with the ICO. The request and our response will be anonymised. 

Yours faithfully

INFORMATION STANDARDS