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
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