FOI reference - FOI-72
Date - 13 January 2023
Request
You have requested the following information:
Would you please advise on the current status of this investigation referenced in
House of Commons Library
Briefing Paper 8206
14/03/2018
“On 18 January 2018, TPR launched an investigation into Carillion to determine whether there is evidence that would support the use of anti[1]avoidance powers to recover some money for the pension scheme.109”
Response
I can confirm that we hold information the information you have requested. However, we are unable to supply the information requested for the reasons set out below.
Information we are not able to supply
Section 22 – Information intended for future publication
I can confirm that we hold the information you have requested. However, it is exempt from disclosure under section 22 of the Freedom of Information Act. This is because the information is intended for publication at a future date.
Section 22 is a qualified exemption subject to the public interest test. This means we have considered the public interest in releasing the information against the interest in withholding it. Details regarding the public interest test can be found below.
Public interest in disclosure
We recognise the public interest in the promotion of transparency, accountability, and the enhancement of understanding of our work.
This is why we already publish certain information relating to regulatory intervention which we consider to be in the wider public interest. In light of the number of requests for information we receive, using different timescales, terminology and interpretations of the legislation, we consider that it is not in the public interest to disclose this information in a piecemeal fashion as that could lead to inadvertent errors and inconsistencies. We review the information we publish in relation to regulatory interventions to ensure we provide both clarity and consistency around the data published in this area.
Public interest in maintaining the exemption
TPR is currently in the process of drafting a regulatory intervention report in relation to this investigation. The report will be published on the TPR website at the end of January 2023.
All regulatory intervention reports are subject to a standard internal quality assurance check and could be subject to further amendments before publication. The provision of this information in response to a freedom of information request prior to publication is not the most cost-effective way of placing this information in the public domain when it may yet be subject to further amendments and the final version will be published in due course. Therefore, it is in the public interest that the quality assurance work is complete before releasing the information to ensure the accuracy of the information being disclosed.
In light of this, and having considered the public interest, our decision is to withhold the information. As the regulatory intervention report will be published on the TPR website at the end of January 2023, you will be able to access the report at the following web address: Regulatory intervention reports.