Department for Environment Food and Rural Affairs

The complainant has requested information on a meeting that the complainant considered had taken place between The Prince of Wales and Michael Gove MP. The Department for Environment Food and Rural Affairs (Defra) refused the request under regulation 12(4)(a) of the EIR on the basis that it did hold any environmental information and refused to confirm or deny it held any non-environmental information under section 37(2) of the FOIA which provides that a public authority is not obliged to confirm whether it holds information which constitutes a communication with the heir to the Throne. The Commissioner’s decision is that Defra does not hold any environmental information and therefore is entitled to refuse the request under regulation 12(4)(a) of the EIR. Defra is also entitled to refuse to confirm or deny whether it holds any non-environmental information under section 37(2).