Tribunal orders DEFRA to disclose briefing note

Background of the Case

The First-tier Tribunal (General Regulatory Chamber) recently ruled in favour of Lucas Amin, compelling the Department for Environment, Food and Rural Affairs (DEFRA) to disclose a briefing note related to a meeting between a government minister and Drax, a major bioenergy company. The case, heard on 11 March 2025, revolved around a request made by Mr Amin under the Environmental Information Regulations 2004 (EIR) and the Freedom of Information Act 2000 (FOIA).

The Appeal

The appeal was initiated by Mr Amin following a Decision Notice issued by the Information Commissioner on 3 September 2024, which partially upheld DEFRA's decision to withhold the information. The Tribunal, presided over by Tribunal Judge Heald and members Dr Gasston and Dr Mann, examined whether the public interest balancing test (PIBT) favoured disclosure of the briefing note.

Key Arguments

Mr Amin, represented by Peter Lockley of Counsel, argued that the public interest in transparency and accountability outweighed the need for confidentiality. He highlighted the significant public subsidies received by Drax and the ongoing debate regarding the environmental impact of biomass energy. DEFRA, which did not attend the hearing, had previously argued that disclosure would undermine candid discussions within the department.

Tribunal's Decision

The Tribunal concluded that the PIBT favoured disclosure, noting the substantial public interest in understanding the meeting's context and the lack of other available information. The Tribunal emphasised the importance of transparency, particularly given the large public funds involved and the environmental implications of Drax's operations.

Implications for DEFRA

The decision mandates DEFRA to disclose the briefing note, with the exception of redacting the name of a policy advisor, within 35 days. This ruling underscores the Tribunal's commitment to upholding the principles of transparency and accountability, especially in cases involving significant public interest.

Legal Framework

The case was adjudicated under the EIR, which mandates public authorities to disclose environmental information unless specific exceptions apply. The Tribunal applied the presumption in favour of disclosure, as outlined in the EIR, and found DEFRA's arguments for maintaining the exception unconvincing.

Significance of the Ruling

This ruling is a significant precedent in the realm of information rights, particularly concerning the disclosure of internal communications within government departments. It highlights the judiciary's role in balancing the need for confidentiality against the public's right to access information.

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