28 July 2016, Central government
The complainant has requested information regarding the proposed development of sports stadia in Northern Ireland. The Department for Communities refused the request in reliance on the exemption at section 35(1)(b) of the FOIA. The Commissioner’s decision is that the requested information is environmental information within the meaning of regulation 2(1)(c) of the EIR. Therefore the request ought to have been handled under the EIR rather than the FOIA. The Commissioner requires the public authority to reconsider the request under the provisions of the EIR and issue a fresh response to the complainant. To the extent that the public authority withholds any of the requested information it should issue a refusal notice that complies with regulation 14 of the EIR.
EIR 2(1): Upheld EIR 14: Upheld