Summary: The complainant submitted a request to the Department for Environment, Food and Rural Affairs for the current draft of the proposed Environment Agency (Inland Waterways) Order submitted to it by the Environment Agency. The Department for Environment, Food and Rural Affairs initially refused to disclose the information on the grounds that the wording for the Order had not been finalised and a number of exemptions were applied. During the course of the Commissioner-™s investigation the Department for Environment, Food and Rural Affairs disclosed a copy of the Draft Order requested by the complainant. Accordingly, as the requested information has now been disclosed to the complainant the Commissioner has not considered whether the exemptions were correctly cited. However, the Commissioner has noted that the Department for Environment, Food and Rural Affairs-™ handling of the request resulted in a procedural breach of section 10(1) of the Act in that it failed to respond to the information request promptly and in any event within 20 working days.
Section of Act/EIR & Finding: FOI 1 - Complaint Upheld, FOI 10 - Complaint Upheld