Northern Ireland Water
- Date 6 January 2025
- Sector Other
- Decision(s) EIR 12(5)(b): Upheld, EIR 12(5)(e): Upheld
The complainant requested a trade effluent consent register and trade effluent sampling results. Northern Ireland Water (NIW) disclosed some information and relied on regulation 12(5)(e) of the EIR to withhold the sampling data. Regulation 12(5)(e) concerns the confidentiality of commercial or industrial information. NIW has advised the Commissioner that it’s also now relying on regulation 12(5)(b) to withhold the sampling data. This exception concerns the course of justice. The Commissioner’s decision is as follows: NIW can’t rely on regulation 12(5)(e) to withhold the sampling data as this information is on emissions for the purposes of regulation 12(9) of the EIR. Regulation 12(9) prevents such information from being withheld under regulation 12(5)(e). The sampling data also doesn’t engage regulation 12(5)(b) of the EIR. The Commissioner requires NIW to take the following steps to ensure compliance with the legislation: Disclose the information to which it has applied regulation 12(5)(e) and 12(5)(b) of the EIR.