FER0098306/7

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Decision Summary

  • Case Ref: FER0098306/7
  • Date: 24 August 2006
  • Public Authority: Department for Environment Food and Rural Affairs
  • Summary: Requests were made for information about meetings between Defra, Tesco and Asda. The Commissioner’s decision in this matter is that the Department for Environment, Food and Rural Affairs (Defra) has not dealt with the Complainant’s request in accordance with Regulation 5 of the EIR in that it has failed to properly apply the provisions of Regulation 12(4)(e) which allows for a request for information to be refused to the extent that it involves the disclosure of internal communications. The Commissioner disagrees with Defra that much of the requested information is exempt by virtue of Regulation 12(5)(d).The Commissioner also finds that the public authority has not dealt with the Complainant’s request in accordance with section 1 of the Freedom of Information Act in that it has failed to properly apply the exemptions at section 35 and 43 correctly. The exceptions in Regulation 12 and the exemptions at sections 35 and 43 of the Act are subject to the public interest test. Although the Commissioner agrees that the public interest requires the maintenance of the exceptions/exemptions in respect of some of the information, he does not consider that this is generally the case. The Commissioner therefore requires Defra to release the requested information with the exception of some residual information.
  • View PDF of Decision Notice: [1]
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