Department of Energy and Climate Change

The complainant has requested the key papers relating to an independent review of the government’s roll-out of smart meters. In response, the Department of Energy and Climate Change (DECC) confirmed that it held the Major Projects Authority (MPA) project assessment review (PAR) of the smart metering programme. DECC released parts of the review but considered the remainder was exempt information under variously sections 35(1)(a) (formulation of government policy), 36(2)(b)(ii) and (c) (prejudice to the effective conduct of public affairs), 40(2) (third party personal data) and 43(2) (commercial interests) of FOIA. During the course of the investigation, the complainant confirmed that the information withheld under section 40(2) could be disregarded and so it has been left for the Commissioner to consider the other exemptions that have been applied. The Commissioner’s decision is that section 35(1)(a) is engaged but that the public interest favours disclosure. In respect of sections 36 and 43, the Commissioner has found that neither section is engaged. This decision notice is currently under appeal to the Tribunal.