29 September 2015, Central government
The complainant has requested correspondence and meeting information about shale gas sites from the Department of Energy and Climate Change (“DECC”). DECC refused to provide this citing EIR exceptions at regulation 12(4)(d) (unfinished material), regulation 12(4)(e) (internal communications) and regulation 13(1) (unfair disclosure of personal data) as its basis for doing so. It upheld this at internal review. During the course of the Commissioner’s investigation it introduced the EIR exception at regulation 12(5)(b) (adverse effect on the course of justice) in relation to some information within the scope of the requests. The Commissioner’s decision is that DECC is entitled to rely on regulation 12(4)(e) in relation to all the information that it has withheld. No steps are required.
EIR 12(4)(e): Not upheld