Freedom of Information
9 Downing Street
Our ref: DEX001479
06 November 2018
Dear Alexander Tiffin ,
I refer to your request, where you asked:
1) Should the UK and EU fail to reach an agreement by leaving day in
March 2019, will UK aircraft be able to fly to and land in EU and EEA
destinations? This includes Norway and Switzerland to avoid any doubt.
If not what is your contingency plan?
2) The Irish Prime Minister has also said that he would not allow UK
aircraft to overfly Eire in a no deal scenario.
Do you believe this is legally enforceable?
I have dealt with your request under the Freedom of Information Act 2000 (‘the
The Department for Exiting the European Union (DExEU) holds some
information relevant to your request.
I consider that the information relevant to part 1 of your request is exempt
under section 21 of the Act.
Section 21 exempts information if this information is reasonably accessible
to the applicant by other means. Section 21 is an absolute exemption and
DExEU is not required to consider whether the public interest favours
disclosure of this information.
The government has published a series of technical notices, with guidance, to help
citizens and business prepare in the event of a ‘No Deal’ scenario. Guidance
relevant to your request and entitled ‘Flights to and from the UK if there’s no Brexit
deal’ was published on 24 September 2018. A copy of this guidance is available
You may wish to contact the FOI team at the Department for Transport on
In response to part 2 of your request, the Act covers any recorded
information that is held by a public authority. DExEU is not required to
create new information to respond to a request, or give a judgement or
opinion that is not already recorded. As your request is asking for an
opinion it falls outside the scope of the Act.
If you have any queries about this letter, please contact the FOI team. Please
remember to quote the reference number above in any future communications.
If you are unhappy with the service you have received in relation to your request or
wish to request an internal review, you should write to email@example.com or:
Freedom of Information Team (internal review)
Department for Exiting the European Union
9 Downing Street
You should note that DExEU will not normally accept an application for internal
review if it is received more than two months after the date that the reply was issued.
If you are not content with the outcome of your internal review, you may apply directly
to the Information Commissioner for a decision. Generally, the Commissioner cannot
make a decision unless you have exhausted the complaints procedure provided by
DExEU. The Information Commissioner can be contacted at:
The Information Commissioner’s Office
Yours sincerely, Freedom of Information Team, DExEU.