Department of Agriculture, Environment and Rural Affairs

The complainant requested various information in respect of the inspection of waste sites or facilities and in particular, in relation to Re-Gen Waste Management. The Department of Agriculture, Environment and Rural Affairs (DAERA) provided some information, but withheld other information on the basis of regulation 12(5)(e) (confidentiality of commercial information) of the EIR. The complainant also expressed concern that its response in respect of item 5 of their request was evasive and incomplete. The Commissioner’s decision is that DAERA was entitled to refuse the withheld information by virtue of regulation 12(5)(e) of the EIR and that based on the balance of probabilities, it has complied with its obligations to provide all information it holds relevant to item 5 of the request. The Commissioner also finds that DAERA breached regulation 11(4) (Representations and Reconsideration) of the EIR by failing to provide the outcome of its internal review within 40 working days. The Commissioner does not require any steps.