MPs using the payroll giving scheme (GAYE)

I can confirm that we hold information relevant to your request. Some of the information you have requested is subject to a refusal notice under section 40(2) and (3A)(a) of the FOIA. Further details about this exemption have been provided below.

We are able to confirm the parties of those who have chosen to engage in the Give-as-you-earn (GAYE) programme.

• Conservative – 9

• Labour – 4

• SNP – 1

There are, of course, many different ways of donating to charity, and we would not necessarily know if an MP was making donations to charity once they had received their salary.

Sections 40(2) and 40(3A)(a) – personal data

If an MP wishes to make a donation to charity out of their salary, then that is a matter for them. Whether or not individual MPs choose to donate through the payroll giving programme is their personal information. Section 40(2) of the FOIA provides that personal information about third parties is exempt information if one of the conditions set out in section 40(3) is satisfied. We considered whether disclosure of this personal data would breach any of the Principles relating to the processing of personal data in the UK GDPR.

The relevant principle is at Article 5(1)(a):

Personal data shall be:

a. Processed lawfully, fairly and in a transparent manner in relation to the data subjects

Donations to charity are typically a private matter and an individual would not, therefore, have a reasonable expectation that details of their private charitable donations, which are their personal data, would be made publicly available. As such, we are withholding the individual names of those MPs who have utilised the GAYE programme and the amounts they donate under section 40(2) of the FOIA.