Area 4A, Nobel House
17 Smith Square
T: 03459 33 55 77
London
xxxxxxxx@xxxxx.xxx.xxx.xx
www.gov.uk/defra
SW1P 3JR
Mr Iain Overton
xxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxxxxx.xxx
Our ref:
RFI
8647
2 December 2016
Dear Mr Overton
REQUEST FOR INFORMATION: GM POST EU
Thank you for your request for information, which we received on 4 November 2016, about
GM products in the UK following exit from the EU, and related briefing notes that have
been drawn up for Ministers.
Since writing to you on 9 November, we have reflected on your request and handled it
under the Environmental Information Regulations 2004 (EIRs). The EIRs apply to requests
for environmental information, which is a broad category of information defined in
regulation 2 of the EIRs. Public authorities are required to handle requests for
environmental information under the EIRs. They give similar access rights to the Freedom
of Information Act 2000 (FOIA).
The information you requested is being withheld as it falls under the exception in
regulation 12(4)(e) of the EIRs, which relates to internal communications. In applying this
exemption, we have had to balance the public interest in withholding the information
against the public interest in disclosure.
We recognise that there is a public interest in disclosure of information concerning the UK
leaving the EU as this is a particularly prominent topic currently. We also recognise that
the public would like further information on the future plans for Government Departments
in exiting the EU. On the other hand, there is a strong public interest in withholding the
information because the information that is being requested will help Defra to form a
number of key policy decisions stemming from the UK’s decision to vote to leave the EU.
At the moment this information is very much a starting point in the Department’s
development of policy. Therefore this could mislead the public at this sensitive stage of
current EU exit negotiations. It is crucial that the Department retains a ‘safe space’ to
provide an opportunity for evidence, views and ideas to be offered for discussion and
testing and for policy options and delivery to be discussed between ministers and officials
freely and frankly. If untested information or ideas are placed in the public domain, it is
likely to inhibit the production of further information or ideas, which is not in the public
interest.
Therefore, we have concluded that in all the circumstances of the case, the information
should be withheld.
You may wish to contact the Food Standards Agency regarding GM products, as they are
responsible for the safety and authorisation of GM food and feed.
We attach an annex giving contact details should you be unhappy with the service you
have received.
If you have any queries about this letter please contact the address below.
Yours sincerely,
Mark Shotton
EIRs/FOI Case Officer
Information Rights Team
xxxxxxxxxxxxxxxxxxx@xxxxx.xxx.xxx.xx
Annex
Complaints
If you are unhappy with the service you have received in relation to your request you may
make a complaint or appeal against our decision under section 17(7) of the FOIA or under
regulation 18 of the EIRs, as applicable, within 40 working days of the date of this letter.
Please write to Nick Teall, Head of Information Rights, Area 4A, Nobel House, 17 Smith
Square, London, SW1P 3JR (email
: xxxxxxxxxxxxxxxxxxx@xxxxx.xxx.xxx.xx) and he will
arrange for an internal review of your case. Details of Defra’s complaints procedure are on
ou
r website. If you are not content with the outcome of the internal review, section 50 of the FOIA and
regulation 18 of the EIRs gives you the right to apply directly to the Information
Commissioner’s Office (ICO) for a decision. Please note that generally the ICO cannot
make a decision unless you have first exhausted Defra’s own complaints procedure. The
ICO can be contacted at:
Information Commissioner’s Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF