Book contents
- Frontmatter
- Contents
- Preface
- Table of statutes
- Table of cases
- Introduction
- 1 Persistent themes and novel problems
- 2 Information and national security
- 3 Government and information: a historical development
- 4 The Freedom of Information Act 2000
- 5 The exemptions
- 6 Decisions and Appeals on FOI Exemptions
- 7 Access to environmental information
- 8 Privacy, access and data protection
- 9 Claims and counterclaims
- 10 Secrecy and access in the European Union
- 11 Openness, information and the courts
- 12 Freedom of information: overseas experience
- 13 Conclusion
- Index
7 - Access to environmental information
Published online by Cambridge University Press: 05 June 2012
- Frontmatter
- Contents
- Preface
- Table of statutes
- Table of cases
- Introduction
- 1 Persistent themes and novel problems
- 2 Information and national security
- 3 Government and information: a historical development
- 4 The Freedom of Information Act 2000
- 5 The exemptions
- 6 Decisions and Appeals on FOI Exemptions
- 7 Access to environmental information
- 8 Privacy, access and data protection
- 9 Claims and counterclaims
- 10 Secrecy and access in the European Union
- 11 Openness, information and the courts
- 12 Freedom of information: overseas experience
- 13 Conclusion
- Index
Summary
The background
The Environmental Information Regulations 2004 (EIR), SI 2004/3391, form a free-standing provision giving access to environmental information (EI) as defined. Information available under these provisions will be exempt from access under the Freedom of Information Act 2000 (FOIA) by virtue of s. 39 FOIA, although the ‘generality’ of s. 21(1) FOIA is not restricted by s. 39(1) FOIA. This means that the exemption involving access by other means under s. 21 (see chapter 5) is available under the EIR. The regulations give effect to Council and EP Directive 2003/4 EC and the Aarhus Convention (the United Nations Economic Commission for Europe) on access to information, public participation in decision-making and access to justice in environmental matters signed by the UK in 1998. This is a remarkable example of international agreement on access to information. Section 74 FOIA provides a power to make such regulations in domestic law. A code of practice applies to bodies covered by the regulations. The powers of the Information Commissioner (IC) also apply to the investigation and enforcement of the regulations. Scottish public authorities (PAs), bodies under s. 80, will be covered by Scottish regulations.
The Information Tribunal (IT) has produced some decisions introducing unnecessary complexity into the relationship between the FOIA and the EIR. In EA/2007/0065 Rhondda Cynon Taff CBC v IC a copy of the Land Drainage Act 1991 was requested. The IC required the PA to disclose a copy of the Act.
- Type
- Chapter
- Information
- Freedom of InformationThe Law, the Practice and the Ideal, pp. 245 - 270Publisher: Cambridge University PressPrint publication year: 2010