been made may undermine the confidence of Ministers that advice
has been prepared fully objectively to support their decisionmaking rather than with an eye to a wider audience. While
recognising the general public interest in openness in Government,
the Department considers it is in the public interest that the business
case for the HMLC, that informs internal discussions, is kept
confidential in order that Ministers and officials may conduct a full
and frank discussion of the issues at hand, in the knowledge that their
discussions will remain confidential during that period and will not
be subject to premature disclosure. This relates to optimism bias
particularly because as the project develops, more accurate costing of
project or programme specific risk management can be undertaken.
The optimism bias assessment relates specifically to the planned
HMLC at this point in time, including the current market prices and
delivery timeline. Releasing figures at a particular point in time
would only provide a snapshot that did not reflect the fact that
adjustments for optimism bias may be reduced as more reliable
estimates of specific risks are made.
(4) The DLUHC has already made a large amount of information about
the plans and the proposed design publicly available. Before
submitting a planning application, the DLUHC consulted widely on
the proposed design. Two public exhibitions were held in
Westminster in September and December 2018 and the project
team met with a wide range of stakeholders, including faith
leaders, residents’ groups, and survivors. All information relevant to
the planning application for the site was previously available for
inspection on Westminster City Council’s planning portal and
continues to be available there. The fact that NAO were able to
report to the public about the project shows that it has been z
transparent process. Transparency does not remove the need for
ministers to have a safe space when making policy decisions that
are still being formulated.
(5) The public interest generally said to be embraced by this head of
exemption is that disclosure of the deliberative process whilst it is
being undertaken will cramp the ability of those engaging in it to
freely explore the full range of options. Since the decisions of the
First-Tier Tribunal (Information Rights) in 2020 referred to in
paragraph 11 of the Commissioner’s Decision Notice dated 11 April
9