Department for Transport

The complainant has requested an investigation report prepared by a port authority about an incident involving the vessel ZHEN HUA 23. In addition to this the complainant also requested correspondence relating to this incident between the vessel owners and the Marine Accident Investigation Bureau (“MAIB”) and the port authority. The MAIB provided some information but withheld the report on the basis of section 30(2)(iii) or, in the alternative, section 31(1)(g) leading to 31(2)(e). The DfT responded to the request at internal review (the MAIB being a separate branch of the DfT) and also applied section 41(1)(a). The Commissioner’s decision is that the DfT correctly applied section 41 in order to withhold the information.