Department for Energy Security and Net Zero

The complainant has requested information on forecasts of emissions savings generated by planned policies. DESNZ relied on EIR regulation 12(4)(d) – material in the course of completion and regulation 12(4)(e) – internal communications, to refuse the request.  However, during the course of the Commissioner’s investigation and following the publishing of the Carbon Budget and Growth Delivery Plan (“CBGDP”) on 29 October 2025, DESNZ changed its response and no longer relied on regulation 12(4)(d), nevertheless maintaining that it had been correct in its reliance on this exception at the time of its initial response to the complainant. DESNZ continued to rely on regulation 12(4)(e). The Commissioner’s decision is that DESNZ has breached regulation 5(2) and must comply with points (a) to (c) of the request. He finds that with regard to point (d) regulation 12(4)(e) is engaged and the public interest narrowly favours maintaining the exception. The Commissioner requires DESNZ to take the following steps to ensure compliance with the legislation. •    Respond with confirmation or denial to points (a) to (c) of the request. The public authority 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.