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You are here: BAILII >> Databases >> Information Commissioner's Office >> Department for Environment Food and Rural Affairs (Central government) [2019] UKICO fer0760247 (30 April 2019)
URL: http://www.bailii.org/uk/cases/UKICO/2019/fer0760247.html
Cite as: [2019] UKICO fer760247, [2019] UKICO fer0760247
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Department for Environment Food and Rural Affairs
The complainant requested information from the Department for Environment, Food & Rural Affairs (DEFRA) about the Draft UK Air Quality Plan for tackling nitrogen dioxide. DEFRA disclosed some redacted materials during the course of the Commissioner’s investigation, but withheld the remainder of the requested information in its entirety. The Commissioner’s decision is that DEFRA correctly withheld some information under regulation 12(4)(e) of the EIR – internal communications. However, DEFRA incorrectly redacted some information under regulation 12(5)(b) of the EIR – adversely affect the course of justice. It also failed to carry out an objective reading of the request in accordance with regulation 5(1) of the EIR and consequently incorrectly redacted some information as being out of scope. DEFRA also failed to respond to the request within 20 working days, and failed to carry out a reconsideration when asked (known as an internal review) within 40 working days. It therefore breached regulations 5(2) and 11(2) of the EIR respectively. The Commissioner requires DEFRA to take the following steps to ensure compliance with the legislation: disclose the portions of document 6, as explained in this notice, which were redacted under regulation 12(5)(b); and consider for disclosure the agenda items from document 9, as explained in this notice, which were redacted as being out of scope, and issue a response to the complainant regarding these items under the provisions of the EIR.EIR 12(5)(b): Complaint upheld EIR 5(1): Complaint upheld EIR 5(2): Complaint upheld EIR 12(4)(e): Complaint not upheld EIR 11(2): Complaint upheld
Decision notice: fer0760247