Information Commissioner's Office

Department for Business Enterprise and Regulatory Reform

1 December 2008, Central government

The complainant wrote to the Department for Trade and Industry (now the Department for Business, Enterprise and Regulatory Reform) to request details of secondees and consultants which the public authority had working on issues related to Iraq, as well as information regarding communications with oil companies on the issue of Iraq. The public authority refused the request under section 12 of the Freedom of Information Act on the grounds that the cost of complying with the request would exceed the appropriate limit. The Commissioner has investigated the complaint and has concluded that the public authority was correct to refuse the request under section 12. However the Commissioner has found that one element of the request should have been dealt with under the Environmental Information Regulations and has decided that this information should be made available to the complainant. The Commissioner has also found that in its handling of the request the public authority breached sections 16(1) and 17(5) of the Freedom of Information Act and regulations 5(1), 5(2) and 14(3) of the Environmental Information Regulations. The Commissioner has also commented on a number of matters of concern that have arisen out of the public authority’s handling of this case. Information Tribunal appeal number EA/2008/0096 has been disposed of by way of a consent order.

FOI 12: Not upheld FOI 16: Upheld FOI 17: Upheld