Department for Environment Food and Rural Affairs

The complainant made a request to the Department for Environment, Food & Rural Affairs (Defra) for information regarding the badger cull pilot scheme. Defra disclosed some information but other information was withheld under the exceptions in regulations 12(4)(a) (information not held) and 12(5)(a) (public safety) of the EIR. The Commissioner’s decision is that where regulation 12(4)(a) has been applied the exception is engaged because the requested information is not held. However, where regulation 12(5)(a) has been applied the Commissioner has decided that the exception is not engaged and the withheld information should be disclosed. The Commissioner requires Defra to disclose to the complainant the information falling within the scope of requests 1(a) and 1(b) to ensure compliance with the legislation. The public authority must take these steps within 35 calendar days of the date of this Decision Notice. Failure to comply may result in the Commissioner making written certification of this fact to the High Court (or the Court of Session in Scotland) pursuant to section 54 of the Act and may be dealt with as a contempt of court. Information Tribunal appeal EA/2015/0311 allowed.