Department for Environment Food and Rural Affairs

The complainant has requested copies of submissions to a plastics consultation. By the date of the decision notice the Department for Environment, Food and Rural Affairs had disclosed all but one of the submissions, but relied on both Regulation 12(5)(e) – commercially confidential – and Regulation 12(5)(f) – impact on provider – to withhold the remaining submission. The Commissioner’s decision is that DEFRA has correctly engaged both Regulation 12(5)(e) and Regulation 12(5)(f), but only in relation to some of the information it is withholding. Neither exception applies to the remaining information. Where the exception is engaged, the combined public interest of maintaining both exceptions outweighs the public interest in disclosure. DEFRA also breached Regulation 11(4) of the EIR as it failed to complete an internal review (reconsideration) within 40 working days. The Commissioner requires DEFRA to take the following steps to ensure compliance with the legislation: disclose the entire submission, with the exception of the information specified in the Confidential Annex to this notice.