Department for Environment Food and Rural Affairs

The complainant has requested Defra to disclose information relating to the amount of waste discharged into the sea and watercourses in and around the UK, the fines issued year on year and the profit and bonuses of water companies. Defra confirmed that it does not hold the requested information and therefore wished to rely on regulation 12(4)(a) of the EIR. Where it could, it directed the complainant to the relevant public authority or source of the requested information. The Commissioner’s decision is that on the balance of probabilities Defra does not hold the requested information. It is therefore entitled to rely on regulation 12(4)(a) of the EIR. The Commissioner does not require any further action to be taken.