Information Commissioner's Office

Department for Business Enterprise and Regulatory Reform

28 January 2008, Central government

The complainant made a request to the Department of Trade and Industry (DTI) for the advice given by civil servants to the Energy Minister in relation to the decision to grant permission for a wind farm to be built at Cefn Croes, Ceredigion, West Wales. DTI refused to disclose the information, relying on the exemption in section 36 of the Act. After investigating the case the Commissioner is satisfied that the corrrect regime under which this matter should have been dealt with is the Environmental Regulations 2004 (EIR). The Commissioner’s decision is that the public authority has not dealt with the complainant’s request in accordance with Regulations 5, 12, and 14 of the EIR 2004. The Commissioner found that under the EIR the exception at regulation 12 (4)(e) was engaged in relation to the information withheld under section 36 but that in all the circumstances of the case the public interest in maintaining the exception did not outweigh the public interest in disclosure. The Commissioner is satisfied that the exceptions in regulations 12 (5) (b), and 13 apply to some of the requested information. The Commissioner requires the disclosure of advice given to the Minister subject to redaction of the information that can be withheld under regulation 12(5) (b) (The course of justice…), and regulation 13 (Personal data).

EIR 5: Upheld