Wirral Metropolitan Borough Council

The complainant requested from Wirral Metropolitan Borough Council (“the Council”) information regarding a Private Document Pack from a Business Overview and Scrutiny Committee meeting. The Council disclosed a redacted version of the information from which it withheld some content under regulation 12(5)(e) of the EIR (commercial confidentiality). The Commissioner’s decision is that the Council has failed to demonstrate that regulation 12(5)(e) is engaged. The Commissioner also finds that in not responding to the complainant’s initial request or internal review request within the statutory timeframe, the Council has breached regulation 5(2) and regulation 11 of the EIR. The Commissioner requires the Council to take the following steps to ensure compliance with the legislation. Disclose to the complainant the information withheld under regulation 12(5)(e). The Council 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 Information Tribunal appeal EA/2021/0024 appeal withdrawn.