Information Commissioner's Office

Summary: The complainant made a request for information relating to the question of VAT on a proposed new bridge building scheme, known as the Mersey Gateway Bridge Scheme. The Department for Transport (the -�DfT-�) refused to disclose the information, relying upon section 35(1)(a) (formulation of government policy), section 41(1) (confidential information) and section 42(1) (legal professional privilege) exemptions under the Freedom of Information Act 2000 (the -�Act-�). The Commissioner considered the request should have been dealt with under the Environmental Information Regulations 2004 (the -�EIR-�). The Department for Transport reconsidered the information and withheld it under regulations 12(4)(e) and 12(5)(d). It is the Commissioner-�s view that the Department for Transport correctly withheld the information under Regulation 12(4)(e).
Section of Act/EIR & Finding: EIR 5 - Complaint Upheld, EIR 12.4.e - Complaint Not upheld, EIR 14 - Complaint Upheld