FOI 56-25: Information regarding advice and/or analysis provided to the Speaker regarding the School Uniforms (Guidelines and Allowances) Bill

Information Standards Freedom of Information Response

15 October 2025
Our Ref: FoI 56-25

Freedom of Information Act 2000

I am writing to confirm that the Northern Ireland Assembly Commission (Assembly Commission) has processed your request dated 24 September 2025 in line with the Freedom of Information Act 2000 (FOIA). In your request, you asked the following—

 

“Please provide me with all relevant reports, correspondence, and internal communications relating to advice and/or analysis prepared for and/or presented to the Speaker with respect to proposed amendments to the School Uniforms (Guidelines and Allowances) Bill tabled by the Committee for Education at Consideration Stage. For clarity, I am requesting recorded information, whether held in paper, electronic, or any other form.”

 

Our response

The Assembly Commission holds information relevant to your request. The Assembly Commission has determined that this information is exempt from disclosure under section 36(2)(b)(i) and (ii) of the FOIA. Section 36(2) provides (so far as relevant) as follows—

 

       ‘Information to which this section applies is exempt information if, in the reasonable opinion of a qualified person, disclosure of the information under this Act—

(a)…

(b) would, or would be likely to, inhibit—

  1. the free and frank provision of advice, or
  2. the free and frank exchange of views for the purposes of deliberation, or

(c) would otherwise prejudice, or would be likely otherwise to prejudice, the effective conduct of public affairs.’

 

The qualified person in the case of the Assembly Commission is the Presiding Officer (Speaker) of the Northern Ireland Assembly.  In this case, the Speaker has formed the reasonable opinion that—

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

 

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, which included the tabling and selection of amendments. 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 the FOIA 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 exemptions at section 36(2)(b)(i) and (ii) in this case outweigh 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