Information Commissioner's Office

Department for Transport

29 May 2008, Central government

The complainant requested a copy of the first draft of the Sir Rod Eddington Transport Study. This request was made to the Department for Transport (the “DfT”) and was made under the Freedom of Information Act 2000 (the “Act”). The DfT confirmed that it held a copy of the first draft of the report, but refused to disclose it, citing sections 12, 35 and 36 of the Act. The DfT also stated that it believed that the report contained some environmental information, and it withheld this information under exception 12(4)(e) of the Environmental Information Regulations 2004 (EIR). After considering the withheld information the Commissioner has decided that the whole of the draft report is environmental information and as such falls under the EIR. During the course of the investigation the DfT cited the exceptions listed at regulations 4(1)(a), 12(4)(d) and 12(4)(e) in order to withhold the information. After considering the case the Commissioner decided that regulation 12(4)(d) was not engaged. He also found that regulation 12(4)(e) was not engaged and that regulation 4(1)(a) did not provide an exception from disclosure. Therefore the Commissioner decided that the information in question should be disclosed. The Commissioner also found that the DfT had not met the requirements of regulation 14. Information Tribunal appeal EA/2008/0052 allowed.

EIR 5: Upheld