Canal and River Trust

The complainant has requested copies of board papers for a specific meeting. The above public authority (“the public authority”) originally stated that none of the requested information fell within the scope of FOIA. It later accepted that some fell within the scope of FOIA and some within the EIR. The Commissioner’s decision is that: Some of the information within the scope of the request is environmental and fell to be dealt with under the EIR. Of the remaining information, some falls within the scope of FOIA and some does not fall within the scope of either regime; Of the information that does fall within the scope of FOIA, section 36 has been correctly engaged, but the balance of the public interest favours disclosure; Of the information falling within the scope of the EIR, the public authority has correctly engaged regulation 12(4)(e). In most cases, the balance of the public interest favours maintaining this exception but, in some, it favours disclosure; Regulation 12(5)(b) is engaged and the balance of the public interest favours maintaining that exception; The Commissioner is not satisfied that either regulation 12(5)(a) or 12(5)(e) is engaged; The public authority breached sections 10 and 17 of FOIA as well as regulations 5(2) and 14 of the EIR. The Commissioner requires the public authority to take the following steps to ensure compliance with the legislation: Disclose, to the complainant, the information identified in the confidential annex.
Keywords/themes: reservoirs, safe space, financial information