other genocides around the world? If so, which? Or should it focus solely on the Holocaust? These are matters on which decisions will be needed even after construction of the HMLC commences, quite probably until the point at which the HMLC opens to the public. The business case considerations in relation to the exhibition and the learning programme content would carry forward to any proposed site. (3) The Appellant incorrectly assumes that optimism bias figures are capable of mechanistic extraction without providing the whole business case or very large parts to give context and explanation to the figures, which are part of a series of value judgements. Release of the information requested would likely impact on the private thinking space in which officials and advisers are able to assess information and provide advice to Ministers which will inform their eventual policy decisions. Ministers must feel able to consider the information and advice before them and be able to reach objective, fully informed decisions, without the risk of premature disclosure of the advice which informed those decisions. The purpose of applying this class-based exemption is so the DLUHC can protect a “safe space”’ in which Ministers and officials can consider issues relating to how the HMLC is planned and delivered without undue concern about public scrutiny (and consequential implications on delivery of the project). Releasing the business case would prejudice the provision of free and frank exchange of views resulting in less robust, well-considered or effective policy in relation to the HMLC. This is particularly important given the current uncertainties in relation to the project (as stated, depending on the Bill’s course and on whether planning consent is obtained, the issue of where a new site may be, and when the HMLC will be constructed, may be on the agenda once again).There would be a serious threat to the future provision of free and frank advice and the exchange of views, and on the exploration of all relevant considerations in the formulation of policy in relation to this project, if the business case was subject to full disclosure under the FOIA before it has been finalised and a suitable stage has been reached for it to be made public albeit with necessary redactions. First, the commercial negotiating position in relation to the build would be at risk of being undermined. Second, the project has generated wide ranging political views, so if every single decision in relation to it was open to challenge, requiring the need to constantly defend decisions, the project would likely be stalled, and those delays could generate further costs. Finally, the expectation that advice would be published before decisions have 8

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