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Natural England

  • Date 29 May 2014
  • Sector Other
  • Decision(s) EIR 12.4.a: Not upheld, EIR 12.5.a: Upheld

The complainant has requested information relating to the implementation of the Badger Control Policy in the pilot cull areas of West Gloucestershire and West Somerset and the reserve pilot cull area in Dorset. Natural England released some information but confirmed other information was exempt from disclosure under regulations 12(5)(a) and 12(5)(g) of the EIR. In relation to some of the questions the complainant asked, Natural England confirmed that the information was not held and applied regulation 12(4)(a) of the EIR. The Commissioner’s decision is that Natural England correctly relied on regulation 12(4)(a) of the EIR. He is satisfied that on the balance of probabilities no recorded information was held at the time of the request. For these elements of the request, the Commissioner does not require any further action to be taken. In relation to the application of regulation 12(5)(a) and 12(5)(g) of the EIR to the withheld information, it is the Commissioner’s decision that Natural England was incorrect to rely on these exceptions for the non-disclosure of this information. The Commissioner requires Natural England to disclose all remaining withheld information to the complainant in relation to questions 1 and 3 of her request (as listed in paragraph 11 of this notice). Any third party personal data and names of business should be redacted. Information Tribunal appeal EA/2014/0160 dismissed.