Dear Department for Business, Energy and Industrial Strategy,

Under the UK FOI Act, I request the following information:

- Total number and copies of any research or impact assessments conducted or received by the Department for Business, Energy and Industrial Strategy into the cost of leaving the EU without a trade deal for fuel prices and/or energy security.

- Copies of any impact assessments conducted or legal recommendations on the implications of withdrawing from the EU without concluding a trade deal.

Yours faithfully,

Andreas Pavlou

Dear Department for Business, Energy and Industrial Strategy,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Department for Business, Energy and Industrial Strategy's handling of my FOI request 'Research and Impact Assessments on Brexit' ref: FOI2017/11051.

*Regarding application of Section 27(1):
The Department for Business, Energy & Industrial Strategy concluded that “the public interest in disclosing the information is outweighed by the public interest in withholding it, as release of the information would, or would be likely to prejudice international relations between the UK, and the European Union during negotiations to exit the European Union.”

The Information Tribunal has confirmed in previous cases that “the chance of prejudice being suffered should be more than a hypothetical possibility; there must have been a real and significant risk” (EA/2005/0005 para 15), yet the Department has failed to identify or explain how there might be a real and significant risk to international relations with the European Union regarding the cost of leaving the EU without a trade deal for fuel prices and/or energy security.

Information that had fallen under this exception therefore should be disclosed.

*Regarding application of Section 35(1)(a):
The Department for Business, Energy & Industrial Strategy concluded that it would invoke this exception because “there is a need to maintain a safe space within which officials are able to freely and frankly discuss policy options,” which otherwise “would inhibit future discussions and policy development” and “could otherwise harm policymaking in the period up to and including these negotiations”.

Firstly, the arguments provided are broad in nature and do not explain specifically how the ability to develop, discuss or decide upon policy relating to the cost of leaving the EU without a trade deal for fuel prices and/or energy security would be prejudiced by the release of the information requested (any research or impact assessments conducted or received by the Department into the cost of leaving the EU without a trade deal for fuel prices and/or energy security).

I also note that I have not asked for information on the formulation or development of policy, but rather, for the information that has been used to frame the discussion. As such, the information requested would not harm and would not be likely to harm the frank and open discussion by public officials of options on the table for developing policy (as I have not asked for this). Release of the information would not per se prejudice the outcome of such discussions as there would still be the ability of public officials to discuss openly the various options before taking a decision. It is also not possible for my request for access to research and assessments to therefore inhibit future discussion and policy development. I have not requested information on the deliberation of options which could therefore be considered to fall under the space to think.

In fact, disclosure of the information will help communities and individuals to provide Ministers and officials with additional un-examined input which will help to further enrich the deliberations for policy development.

Finally, it is worth noting that the government has previously expressed a series of opinions and positions related to the cost of leaving the EU on energy-related issues and policy. Should any information falling under this exception already be known to the public, it would seem inappropriate to refuse access under this request: https://www.gov.uk/government/news/elect...

*Regarding application of Section 43(2):
The Department for Business, Energy & Industrial Strategy concluded that “Having undertaken the public interest test, due to the sensitive nature of the information, which may infringe on regulatory and policy development issues and would in turn impact the commercial interests of one or more parties, the Department’s decision is therefore to withhold the information” under section 43(2).”

As with previous exceptions, the Department has failed to explain how release of the information would or would be likely to prejudice commercial interests, rather than express merely a hypothetical risk. It appears from the Department’s analysis, that it is not clear that the information infringes on regulatory and policy development issues and as such it is not clear how it would (or would be likely to) prejudice commercial interests.

The Department must be sure that there is not just a hypothetical risk, should it decide to apply section 43(2).

*Regarding an overriding public interest in release of the information (in relation with all three exceptions):
The withdrawal of the United Kingdom from the European Union is undoubtedly one of the biggest and most important economic, social and political event in post-war British history and therefore provides the context of an overriding public interest in knowing the information that has gone into the development of government policy. Whilst it is essential that the UK be able to successfully negotiate with the EU the terms of its withdrawal (and as such, define its position in these negotiations), it is equally, if not more essential that the public is able to provide input into the formulation and development of the UK’s position to be taken into negotiations. As such it is imperative that there is access to the information being put into the formulation of policy in order to individuals to be able to decide if they wish to also provide information that could be on interest or use to the government in the formulation of policy and its position when entering negotiations with the EU.

Indeed, according to OFCOM, the UK ranks above average compared to the rest of the EU on electricity prices, and on average for gas prices. Over 900,000 households swap their gas providers and over 1.2million switched electricity provider in the first three months of 2017. This year has also seen further increases in tariff prices by numerous energy suppliers in the UK. In this context it is important to note that at the same time (real) wages have not increased, making the ability to pay for basic services such as energy, foodstuffs, housing etc, is of acute public interest and as such important that individuals be able to know what information the government uses to formulate policies in this area.

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/r...

I look forward to your internal review and the reversal of your decision to not release the information requested (under point 1).

Yours faithfully,

Andreas Pavlou