Department of Agriculture, Environment and Rural Affairs (NI)

The complainant submitted a request to the Northern Ireland Environment Agency, an executive agency of Department of Agriculture, Environment and Rural Affairs (DAERA), seeking a copy of a file covering pollution at his trout hatchery business. The DAERA sought to withhold the information falling within the scope of the request on the basis of regulation 12(5)(b) (course of justice) of the EIR. The Commissioner has concluded that the withheld information is exempt from disclosure on the basis of regulation 12(5)(b) and that in all the circumstances of the case the public interest favours maintaining the exception. However, the Commissioner has concluded that the DAERA breached regulation 11(4) of the EIR by failing to complete the internal review within 40 working days. Information Tribunal appeal EA/2019/0155 dismissed.