20 August 2015, Central government
The complainant has requested DEFRA to disclose submissions between the Environment Agency and DEFRA in relation to the Somerset Levels and the issue of dredging that were referred to in the media in late 2013/early 2014. DEFRA released some information but refused to disclose certain elements of the requested information citing regulation 12(4)(e) of the EIR. The Commissioner’s decision is that DEFRA has incorrectly relied on regulation 12(4)(e) of the EIR in this case. The Commissioner requires DEFRA to disclose the withheld information to the complainant. DEFRA 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)(e): Upheld