Section 25 — Freedom of Information Act 1982: Information as to existence of certain documents

(1) Nothing in this Act shall be taken to require an agency or Minister to give information as to the existence or non-existence of a document where information as to the existence or non-existence of that document, if included in a document of an agency, would cause the last-mentioned document to be: (a) an exempt document by virtue of section 33 or subsection 37(1) or 45A(1); or (b) an exempt document to the extent referred to in subsection 45A(2) or (3). (2) If a request relates to a document that is, or if it existed would be, of a kind referred to in subsection (1), the agency or Minister dealing with the request may give notice in writing to the applicant that the agency or the Minister (as the case may be) neither confirms nor denies the existence, as a document of the agency or an official document of the Minister, of such a document but that, assuming the existence of such a document, it would be: (a) an exempt document by virtue of section 33 or subsection 37(1) or 45A(1); or (b) an exempt document to the extent referred to in subsection 45A(2) or (3). (3) If a notice is given under subsection (2) of this section: (a) section 26 applies as if the decision to give the notice were a decision referred to in that section; and (b) the decision is taken, for the purposes of Part VI, to be a decision refusing to grant access to the document in accordance with the request referred to in subsection (2) of this section, for the reason that the document would, if it existed, be: (i) an exempt document by virtue of section 33 or subsection 37(1) or 45A(1); or (ii) an exempt document to the extent referred to in subsection 45A(2) or (3).