Department for Environment Food and Rural Affairs

The complainant has requested any reports produced by Defra on the Smarter Environmental Legislation review which began in 2014. The Commissioner’s decision is that Defra should have considered the request under the EIRs not the FOIA. She has decided that the information held by Defra has not been appropriately withheld in reliance of section 35(1)(a). She also finds Defra in breach of regulation 11(4) in providing an internal review outside the time specified. The Commissioner requires the public authority to disclose the “Smarter Environmental Legislation. Final report 2015” to ensure compliance with the legislation.