Information Commissioner's Office

HS2 Ltd

17 August 2015, Education (Other)

The complainant requested a copy of 75 questions which the Major Projects Authority had put to High Speed Two (HS2) Limited. HS2 dealt with the request under FOIA and withheld the information under section 36 – prejudice to the conduct of public affairs. The Commissioner’s decision is that the requested information constitutes environmental information and therefore the request falls to be considered under the EIR. The Commissioner requires the public authority to provide a fresh response under the EIR and either disclose the 75 questions under regulation 5(1), or issue a refusal notice in accordance with regulation 14. 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. This decision notice is currently under appeal to the Tribunal.

EIR 2(1): Upheld