Information Commissioner's Office

Department for Environment Food and Rural Affairs

8 June 2015, Central government

The complainant requested information from the Department for Food, Environment and Rural Affairs (DEFRA) relating to a report on fracking/shale gas, the report having been published with redactions. DEFRA refused to provide a copy of the full un-redacted report by virtue of regulation 12(4)(e) (internal communications) and regulation 12(4)(d) (unfinished documents, incomplete data) of the EIRs and section 35(1)(a) of the FOIA (formulation and development of government policy). The Commissioner has determined that the withheld information is all environmental information and that the EIR is the correct regime to consider this request. Having considered the matter his decision is that DEFRA has incorrectly withheld the information. The Commissioner requires DEFRA to disclose to the complainant an unredacted copy of the report. The public authority must take these steps within 35 calendar days of the date of this decision notice. Failure to comply may result in the Commissioner making written certification of this fact to the High Court pursuant to section 54 of the Act and may be dealt with as a contempt of court.

EIR 12(4)(d): Upheld EIR 12(4)(e): Upheld EIR 35(1)(a): Upheld