Amending the list of bodies dealing with security matters under s.23 FOIA
Section 23(1) of FOIA exempts, as a class, all information directly or indirectly supplied by, or relating to, certain bodies dealing with security matters. This provision confers an absolute exemption. Subsection (3) lists the relevant security bodies that have the benefit of the exemption. Section 23(5) of FOIA provides that the obligation to confirm or deny whether or not the authority holds the information does not arise, if compliance with that obligation would itself disclose information which is exempt by virtue of subsection (1).
	Section 23 of FOIA (as relevant) states:
"23. Information supplied by, or relating to, bodies dealing with security matters.
(1) Information held by a public authority is exempt information if it was directly or indirectly supplied to the public authority by, or relates to, any of the bodies specified in subsection (3)
(2) A certificate signed by a Minister of the Crown certifying that the information to which it applies was directly or indirectly supplied by, or relates to, any of the bodies specified in subsection (3) shall, subject to section 60, be conclusive evidence of that fact.
(3) The bodies referred to in subsections (1) and (2) are-
(a) Security Service …" …
"(5) The duty to confirm or deny does not arise if, or to the extent that, compliance with section 1(1)(a) would involve the disclosure of any information (whether or not already recorded) which was directly or indirectly supplied to the public authority by, or relates to, any of the bodies specified in subsection (3)."
	Amendments to section 23 of FOIA have to be made by primary legislation, as there is no power to add to the list of security bodies by regulations, as is possible for amendments to Schedule 1, by virtue of section 4 FOIA. This Act adds JCs to the list of bodies dealing with security matters with the intention of ensuring that sensitive equities contained in information provided or relating to the functions of JCs are protected.