Guidance on drafting answers to parliamentary questions
This guidance gives a list of points to be aware of whendrafting answers to parliamentary questions.
1. Never forget Ministers’ obligations to Parliament which areset out in the Ministerial Code:
‘It is of paramount importance that Ministers giveaccurate and truthful information to Parliament,correcting any inadvertent error at the earliest
opportunity. Ministers who knowingly misleadParliament will be expected to offer their resignation tothe Prime Minister.
Ministers should be as open as possible with Parliamentand the public, refusing to provide information onlywhen disclosure would not be in the public interest.’
2. It is a civil servant’s responsibility to Ministers to helpthem fulfil those obligations. It is the Minister’s right andresponsibility to decide how to do so. Ministers want toexplain and present Government policy and actions in a
positive light. Ministers will rightly expect a draft answer thatdoes full justice to the Government’s position.
3. Approach every question predisposed to give relevantinformation fully, as concisely as possible and in accordancewith guidance on disproportionate cost. If there appears tobe a conflict between the requirement to be as open aspossible and the requirement to protect information whosedisclosure would not be in the public interest, you shouldconsult your FOI liaison officer if necessary.
4. Where information is being refused on the grounds ofdisproportionate cost, there should be a presumption thatany of the requested information which is readily availableshould be provided.ind out more about web archiving at The National Archives.
5. Do not omit information sought merely because disclosurecould lead to political embarrassment or administrativeinconvenience.
6. Where there is a particularly fine balance betweenopenness and non-disclosure, and when the draft answertakes the latter course, this should be explicitly drawn to theMinister’s attention. Similarly, if it is proposed to reveal
information of a sort which is not normally disclosed, thisshould be explicitly drawn to Ministers’ attention. The Ministershould also be advised of any relevant FOI cases which areunder consideration which could impact on the way the PQshould be answered.
7. If you conclude that material information must be withheldand the PQ cannot be fully answered as a result, draft ananswer which makes this clear and explains the reasons, suchas disproportionate cost or the information not beingavailable, or explains in terms similar to those in the Freedomof Information Act (without resorting to explicit reference tothe Act itself or to section numbers) the reason for therefusal. For example, ‘The release of this information wouldprejudice commercial interests’. Take care to avoid draft
answers which are literally true but likely to give rise tomisleading inferences.
8. Where an MP/Peer tables a question and has alsosubmitted a separate request to the department under FOI, itis reasonable to reply in terms that the issue is currentlyunder consideration. Once a decision has been reached, the
MP/Peer should be informed of the answer and a copy of theletter placed in the Libraries of the House. Considerationshould also be given to a written ministerial statement in bothHouses.
9. Where a decision on an FOI case results in a change ofpolicy and that information which was previously withheld isnow being released, consideration should be given toinforming both Houses, for example, through writtenministerial statement.
10. PQs should be answered within the normal deadlines. Inthe House of Commons, a Named Day question should receivea substantive response on the day named and an OrdinaryWritten question should receive a substantive responsewithin a working week of it being tabled. In the House ofLords, questions for Written Answer are expected to beanswered within 14 days. Consideration of a parallel FOIrequest is not a reason to delay an answer to aParliamentary Question.