HS2 Ltd

The complainant has requested information from HS2 relating to the HS2 project and in particular meetings with Greensill Capital. HS2 initially considered the exemption at section 12 of FOIA and requested the search term be narrowed to ‘Greensill’ in order to enable them to proceed with the request. The requester reluctantly agreed to the term of reference for searches. After some delay HS2 responded citing Section 43 of FOIA (commercial interests) and section 40 (personal information) of FOIA to withhold the requested information. At internal review, HS2 considered the information was classed as environmental information, and therefore responded under the EIR citing regulations 12(4)(d), 12(5)(e) and 13 of the EIR to refuse the request. The Commissioner’s decision is that HS2 was entitled to rely on both Regulations 12(4)(d) and 12(5)(e) of the EIR and that the public interest favours maintaining these exceptions both individually and in aggregate. Therefore, he has not gone on to consider whether regulation 13 of the EIR applies in this case. The Commissioner does not require the public authority to take any steps.