Information Commissioner's Office

Department for Transport

8 December 2016, Central government

The complainant made a request to the Department for Transport (DfT) for information related to assessment reports produced by the Major Projects Authority on HS2 during 2015. The DfT handled the request under FOIA and found that the information was exempt under section 35(1)(a) (policy formulation and development). During the course of the Commissioner’s investigation the DfT said that were the Commissioner to find that the request should have been considered under the EIR then it would seek to rely on the exceptions in regulations 12(4)(d) (material still in course of completion), 12(4)(e) (internal communications) and 12(5)(d) (confidentiality of proceedings etc.). The Commissioner has found that the request is for environmental information and the DfT should have considered it under the EIR. The Commissioner has also decided that the regulation 12(5)(d) and regulation 12(4)(e) exceptions apply to the withheld information but that the public interest favours disclosure. The Commissioner found that regulation 12(4)(d) is not engaged. The Commissioner requires the public authority to take the following steps to ensure compliance with the legislation. The DfT shall disclose the withheld information to the complainant.

EIR 12(4)(d): Upheld EIR 12(4)(e): Upheld EIR 12(5)(d): Upheld