Department For Environment, Food And Rural Affairs (DEFRA)

The complainant has requested information about ministerial meetings with water companies. The Department for Environment, Food and Rural Affairs (‘Defra’) originally relied on regulation 12(4)(e) of the EIR and regulation 12(5)(e) of the EIR to withhold the requested information. Due to the passage of time, it later provided redacted copies of some of the requested information but relied on regulations 12(4)(e) and 12(5)(e) of the EIR as well as regulation 12(5)(b) of the EIR and regulation 12(3) of the EIR to continue to withhold some of the requested information. The Commissioner’s decision is that Defra was entitled to rely on regulation 12(4)(e) to withhold the readout for meeting (i). However, he finds that Defra was not entitled to rely on regulation 12(4)(e) to withhold the redacted sections in the briefing note and readout for meeting (ii). The Commissioner requires Defra to take the following steps to ensure compliance with the legislation: Disclose the withheld information in the briefing note and readout for meeting (ii) only redacting any personal information.