Department for Transport

The complainant has requested information relating to a meeting between John Hayes MP, a Minister at the Department for Transport (DfT), and His Royal Highness the Prince of Wales. The DfT withheld the information under section 37(1)(aa) – Communications with the heir to the throne, section 40(2) – personal information and 41 – information provided in confidence. It also explained that if the information was deemed to be environmental information and fall within the scope of the EIR it would be exempt under regulations 12(4)(e) – internal communications and 13 – personal information. The Commissioner’s decision is that the majority of the information constitutes environmental information and so should have been dealt with under the EIR. In respect of that information the Commissioner finds that the exception provided by regulation 12(4)(e) cannot be maintained in the public interest. However a small amount of the withheld environmental information is exempt under regulation 13. The DfT was correct to deal with the remaining information under FOIA and the Commissioner finds that information is exempt under section 37(1)(aa). The Commissioner requires the public authority to disclose the environmental information that is not protected by regulation 13, as set out in the confidential annex that accompanies this notice. 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 pursuant to section 54 of the Act and may be dealt with as a contempt of court. Information Tribunal appeal C3/2018/2012 allowed in part.