Department for Environment Food and Rural Affairs (Central government) [2023] UKICO 234155 (1 August 2023)
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Department for Environment Food and Rural Affairs
The complainant has requested information relating to SSSIs (Sites of Special Scientific Interest) from the Department for Environment, Food & Rural Affairs (Defra). Defra withheld the requested information under regulation 12(4)(e) - internal communications of the EIR - regarding part one of the request. At review, it stated that it did not hold information relating to part two of the request (regulation 12(4)(a)). The Commissioner’s decision is that, on the balance of probability, Defra does not hold any further information (not subject to an exception) falling within scope of the request. He also finds that Defra is entitled to withhold information under regulation 12(4)(e) of the EIR and that the public interest favours maintaining the exception. As Defra provided the complainant with environmental information to which they were entitled beyond the statutory time period, the Commissioner has found Defra in breach of regulation 5(2) of the EIR. In providing its internal review late, Defra also breached regulation 11(4) of the EIR. The Commissioner does not require further steps.
EIR 11(4):
Complaint upheld
EIR 12(4)(a):
Complaint not upheld
EIR 12(4)(e):
Complaint not upheld
EIR 5(2):
Complaint upheld
Decision notice: 234155
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