Department of Agriculture, Environment and Rural Affairs (DAERA)

The complainant requested information from the Department of Agriculture, Environment and Rural Affairs (DAERA) relating to conflicts of interest. The Commissioner’s decision is that DAERA is entitled to rely on section 12(1) (cost limit) of FOIA to refuse to provide the requested information. However, he finds that DAERA failed to provide reasonable advice and assistance and therefore did not meet its obligations under section 16(1) of FOIA. The Commissioner requires DAERA to take the following steps to ensure compliance with the legislation. DAERA must provide the complainant with advice and assistance to help them submit a request falling within the appropriate limit. DAERA must take these steps 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.