… “Defra refused to disclose the Risk and Issue Logs (RILs), which demonstrate the project board’s hidden assessment of the risks associated with developing a farmer-led badger cull prior to the minister’s decision on introducing the policy.
In June 2013, the Information Commissioner ordered Defra to disclose the RILs, finding that the public interest test favoured disclosure.
The Government department first appealed to the First-tier Tribunal and the case was exceptionally transferred directly to the Upper Tribunal where it was vigorously defended by the Information Commissioner together with the Badger Trust as second respondent.
Following two days of evidence and submissions at the Royal Courts of Justice in London, the Tribunal indicated that it was unconvinced by any of Defra’s public interest arguments to justify withholding the RILs.
Full judgment is expected to be handed in due course and there will also be a further hearing around late October to address important wider issues to clarify the legal exceptions relied on by Defra to keep the Board’s assessment of the risks under wraps.”