Department for Environment Food and Rural Affairs

The complainant has requested Defra to disclose a copy of all internal submissions to ministers’ documents sent by its water quality team with regards to waste water treatment works in 2021. Defra refused to disclose the requested information citing regulation 12(4)(b) of the EIR – manifestly unreasonable. The Commissioner’s decision is that Defra is entitled to rely on regulation 12(4)(b) of the EIR and met its obligations under regulation 9, in terms of providing appropriate advice and assistance. He has however recorded a breach of regulation 11 of the EIR, as Defra failed to respond to the complainant’s request for an internal review within 40 working days of receipt. The Commissioner does not require further steps.