Department for Energy Security & Net Zero

The complainant requested information concerning a specific policy change. The Department for Energy, Security and Net Zero (“DESNZ”) refused to disclose the requested information, citing regulations 12(4)(e) and 12(5)(b) of the Environmental Information Regulations 2004 (“EIR”) as a basis for non-disclosure. The Commissioner’s decision is that regulation 12(4)(e) is engaged in relation to the entirety of the requested information, however the balance of the public interest is in favour of disclosure.
2. In relation to regulation 12(5)(b), it is the Commissioner’s decision that it is engaged in relation to part of the requested information and that the balance of public interest favours maintaining the exception.
3. The Commissioner requires DESNZ to take the following step to ensure compliance with the legislation:
• Disclose the requested information other than the part to which regulation 12(5)(b) applies.
4. DESNZ must take this step within 30 calendar days of the date of this decision notice. Failure to comply may result in the Commissioner making written certification of this fact to the High Court pursuant to section 54 of the Act and may be dealt with as a contempt of court.