emphasis) the formulation and development of policy. We find that it does ‘relate to’ the formulation and development of policy. 19. The public authority in their submissions at paragraph 12(1) of their updated skeleton dated 12 December 2023 say: “Indeed the whole purpose of using optimism bias and putting a business case together is to inform policy decisions.” Similarly, the public authority argue at paragraph 12(9) of that skeleton that any part of the business case which could be factual information is inextricably linked to deliberative material. The focus there is on section 35(4) which the Appellant says he is not arguing but we find the point is relevant to the question of ‘relates to’. If the optimism bias information is inextricably linked as part and parcel of the business case, then the Tribunal consider it must fall well within the concept of ‘relates to’. 20. The Tribunal have the witness statement of Paul Downie, (OB pC99) dated 8 November 2023. Mr Downie is the Programme Director for the Holocaust Memorial programme responsible for day-to-day management of the programme, reporting to the Senior Responsible Owner (SRO) and through him to the Department’s Accounting Officer and ultimately to the Secretary of State. In his statement of evidence, he; a. identifies the documents within the Department’s possession that fall within the scope of the Appellant’s information request; b. provides an overview of the nature of those documents; c. addresses the public interest in the disclosure of those documents; d. explains the commercial interests that would be harmed if the documents were disclosed. 21. The Tribunal find this evidence compelling both in terms of persuading us on the engagement of s35(1)(a) and in the balance of the Public Interest Test 14

Select target paragraph3