Information Commissioner's Office

Department for Transport

12 November 2015, Central government

The complainant has requested information about the task of the Independent Airports Commission. The Department for Transport (DfT) refused to provide the requested information under section 35(1)(a) or section 36(2)(b)(ii) and section 36(2)(c) in the alternative and section 42 FOIA. So far as the withheld information is environmental, the DfT said it was relying upon regulation 12(4)(d) and (e) and regulation 12(5)(f) of the Environmental Information Regulations 2004 (EIR). The Commissioner’s decision is that the DfT should have dealt with the request under EIR, however it was correct to apply regulation 12(4)(d) EIR to the withheld information and the public interest favours maintaining the exception The Commissioner also considers that the DfT has now identified all of the information it holds relevant to the scope of the request and that Regulation 12(4)(a) applies in this case. The Commissioner requires no steps to be taken.

EIR 12(4)(a): Not upheld EIR 12(4)(d): Not upheld