MEPO 38/110 file relating to Muriel MacSwiney

Freedom of information request reference no: 01.FOI.24.035997

I note you seek access to the following information:

PREVIOUS REQUEST:

Reference: MEPO 38/110
Description:
Terence MacSWINEY, Lord Mayor of Cork: death by hunger strike in Brixton Prison, 1920. Muriel Frances MacSWINEY: record file

Date: 1920-1970
Held by: Creating government department or its successor, not available at The National Archives
Former reference in its original department: 335/54/81

I am seeking access to the above file relating to Mrs Muriel MacSwiney, widow of the Lord Mayor of Cork (1892-1982) as I am writing a biography of the lady.

I was directed to yourselves by the National Archives in Kew - as the File is understood to held by Yourselves. Mrs MacSwiney was a Communist and lived in Britain from 1939 -1948 and later from about 1975 - till her death in 1982

Clarification -
I can confirm that I am only seeking access to- and am interested in the Documents that RELATE to or REFER to Muriel MacSwiney - (I am hoping to view the documents on site rather than have copies made and sent to me - if that is possible?) You might revert to me on whether in theory this is possible .

Decision

I have today decided to disclose some of the requested information. Some data has been withheld as it is exempt from disclosure and therefore this response serves as a Refusal Notice under Section 17 of the Freedom of Information Act 2000 (the Act) by virtue of the following exemptions:

Section 38 - Health and Safety

Reason for decision

To disclose some of the requested information relating to Muriel MacSwiney could cause unnecessary mental suffering to her family/descendants and result in uninvited attention. In light of this rationale Section 38(1)(a) of the Act is engaged.

A Freedom of Information Act request is not a private transaction. Both the request itself, and any information disclosed, are considered suitable for open publication. This is because under the Act, any information is released into the wider public domain, effectively to the world, not just to an individual. Whilst not questioning the motives of the applicant disclosure could result in family members being subjected to unsolicited approaches by persons interested in further information about Muriel MacSwiney. Any FOIA disclosure by the MPS which causes unnecessary distress to an individual(s) may result in a loss of confidence in the MPS to protect the well-being of the families of those who are now deceased.

The disclosure of some information would likely cause unnecessary mental anguish to Muriel MacSwiney’s family/descendants. The health and safety of individuals in relation to their mental or physical wellbeing is of paramount importance to MPS. Any disclosure which endangers this by showing a lack of sensitivity is likely to lead to a loss of confidence and disengagement by the public and this cannot be in the public interest.

Whilst there is a public interest in disclosing information relating to a high profile and historical figure, the MPS has a duty to consider the well-being of others in regards to any FOIA disclosure. Where information could likely lead to descendants of an individual being given either media attention or brought into the spotlight through the release of MPS information, this could result in the general public having a lack of affinity due a perceived lack of sensitivity. Any loss of confidence will result in fewer interactions with the police and possibly crimes being reported and/or witnesses willing to give evidence.

It is for these reasons I have determined that the balance test favours non-disclosure.

Disclosure

Please find attached documentation held on MEPO file 38/110 relating to Muriel MacSwiney.