The complainant requested copies of ministerial submissions about a farm payment appeal. The Rural Payments Agency disclosed some information, but withheld one paragraph. It relied on Regulation 12(4)(e) of the EIR (internal communications) as its basis for doing so. The Commissioner’s decision is that Regulation 12(4)(e) of the EIR is engaged in respect of this request, but that the public interest favours disclosure. As the RPA did not comply with the statutory time limits for either issuing a response or completing an internal review (reconsideration), it breached Regulations 5(2) and 11(4) of the EIR respectively. The Commissioner requires the RPA to take the following steps to ensure compliance with the legislation: disclose, to the complainant, a copy of the withheld information.
EIR 11: Complaint upheld EIR 12(4)(e): Complaint upheld EIR 5(2): Complaint upheld
Citations:
[2021] UKICO IC-85904
Links:
Jurisdiction:
England and Wales
Information
Updated: 09 November 2022; Ref: scu.669462