Information Commissioner's Office

Department for Business Enterprise and Regulatory Reform

29 July 2008, Central government

The complainant requested a report into an application for a grant towards a proposed biomass generation plant. This was initially refused under sections 41 (information provided in confidence) and 43 (commercial interests) of the Act. The public authority was later advised by the Commissioner that the information withheld fell within the definition of environmental information in the Regulations and that it should consider what exceptions from the EIR may apply. The public authority cited Regulations 12(5)(d) (confidentiality of proceedings of public authorities provided by law), (e) (commercial confidentiality) and (g) (environmental protection). The Commissioner finds that the information is on emissions and, therefore, Regulation 12(9) applies. As Regulation 12(9) provides that information on emissions cannot be subject to any of the exceptions provided in Regulations 12(5)(d) to (g), the Commissioner finds that the exceptions cited by the public authority are not engaged. The public authority is required to disclose to the complainant the information withheld. Information Tribunal appeal (EA/2008/69) has been withdrawn.

EIR 12.5.d: Upheld