Information Commissioner's Office

Merseyside Fire and Rescue Authority

16 February 2016, Other

The complainant has requested information about the estimated costs involved in building a new fire station. Merseyside Fire and Rescue Authority (“MFRA”) refused the request, citing section 44(1)(a) (prohibitions on disclosure) of the Freedom of Information Act 2000 (“the FOIA”). During the Information Commissioner’s investigation MFRA agreed that the EIR, rather than the FOIA, was the correct access regime.  MFRA revised its position, applying regulation 12(5)(e) (confidentiality of commercial or industrial information) of the EIR. The Commissioner’s decision is that the EIR was the applicable access regime. The Commissioner’s decision is that MFRA was entitled to withhold the requested information under the exception at regulation 12(5)(e). The Commissioner requires no steps to be taken.

EIR 12(5)(e): Not upheld