Department for Environment Food and Rural Affairs

The complainant has requested from Defra information relating to its 2010 and 2011 public consultations on pesticides. In response, Defra provided some information, advised that other parts were not held and withheld some under variously regulations 12(4)(d) (unfinished documents), 12(4)(e) (internal communications) and 13 (personal data) of the EIR. During the course of the Commissioner’s investigation, Defra agreed to disclose a number of items of information it had previously withheld. For the remaining elements, the Commissioner is satisfied that Defra identified all the relevant information covered by the requests and was correct to apply regulations 12(4)(d), 12(4)(e) and, in part, regulation 13 to aspects of this information. However, he also considers that Defra misapplied regulation 13 to the names of stakeholders recorded in the information. He therefore requires this information to be disclosed to ensure compliance with the legislation. In addition, the Commissioner has found that Defra breached regulation 5(2) (time for making information available) by its handling of the requests.