Justine Thornton sucessfully acted for the Department for Energy and Climate Change (DECC) before the Information Tribunal in relation to an appeal against DECC’s refusal to provide information relating to emissions performance standards for fossil fuel power stations. The information requested included correspondence between DECC and energy companies and between DECC and other Government departments.
The Tribunal heard evidence from Greenpeace and DECC. By a majority view, the Tribunal upheld DECC’s refusal to provide some of the requested information on the grounds that policy making in relation to emission performance standards was, on balance, live at the time of the request and this carried significant weight in favour of non disclosure. The convention of Collective Cabinet responsibility was engaged and the need for safe space in which to debate policy options outweighed the need for disclosure. The Tribunal was influenced by the fact that DEEC had disclosed a significant amount of material to enable public understanding of the decision making process in relation to emission performance standards.
You can find the decision by following this link.