For information & discussion?:
DEFRA Press Release 280/02
15 July 2002
GOVERNMENT CONSULTS ON NEW DRAFT ENVIRONMENTAL INFORMATION REGULATIONS
The Department for Environment, Food and Rural Affairs (DEFRA) today
launched a public consultation period for new Environmental
Information Regulations, illustrating the government's commitment to freedom
of information and to greater openness and transparency.
The public consultation period will run from 15 July to 4 October 2002, with
the new Environmental Information Regulations expected to
come into force this Winter.
The new regulations are a step towards the full implementation of the
Freedom of Information Act 2000 and will enable the UK to fulfil its
obligations under the UNECE (United Nations Economic Commission for Europe)
'Aarhus Convention'.
The public already have a legal right of access to environmental information
under existing Environmental Information Regulations 1992
(as amended in 1998).
The main proposed improvements on the existing regime are:
- The definitions of the scope of the Regulations and the bodies affected
are clarified;
- The time limit for response to an application is reduced to one month in
most cases;
- A public interest test is to be introduced which is the same test as
applies under the Freedom Of Information Act;
- An Information Commissioner and Information Tribunal will provide a
strengthened means of review for applicants.
Making information about the environment publicly available is considered
essential in contributing towards the achievement of
sustainable development. If the public can obtain information on the
environment easily, they will then be able to understand more fully
the consequences of certain proposals and actions, and to participate more
effectively in decision-making processes that affect the
environment.
Comments are invited on the new draft Regulations. In the consultation paper
specific questions are asked on proposals on the
following issues:
- Definitions, in particular of 'environmental information' and 'public
authority';
- Obligation to make information available on request, in particular in
relation to 'form or format requested', 'time limits for supply and
refusal', and 'transfer of requests';
- Charging;
- Duty to provide advice and assistance;
- Exceptions to the right to environmental information;
- Review and enforcement, in particular the role of the Information
Commissioner and Information Tribunal;
- Proactive dissemination;
- Publicity.
The consultation package is available on the Department's internet site, at
http://www.defra.gov.uk/corporate/consult/default.asp and
via http://www.ukonline.gov.uk.
Notes to editors:
1. The public's current legal right of access to environmental information
is set out in the Environmental Information Regulations
1992 (SI No 3240), as amended by the Environmental Information (Amendment)
Regulations 1998 (SI No 1447).
2. In order for the UK to ratify the 1998 United Nations Economic Commission
for Europe (UNECE) Aarhus Convention on Access to
Information, Public Participation in Decision-making, and Access to Justice
in Environmental Matters ('the Aarhus Convention'), to which we are
currently a signatory, we have to amend our current environmental access
regime to bring it into line with the Convention.
3. Provision was therefore made in s74 of the Freedom of Information Act
2000 to make new Environmental Information Regulations in line with the
requirements of the Aarhus Convention for England, Wales and Northern
Ireland, to replace the 1992 Regulations.
4. There will also be a new EC Directive on Public Access to Environmental
Information expected later this year, so the new Environmental Information
Regulations will also implement its requirements.
5. These regulations will apply in England, Northern Ireland and Wales.
Scotland will similarly be making new Environmental
Information Regulations.
6. No agreement has yet been reached on the date from which the Information
Commissioner and Information Tribunal will commence their enforcement
functions in relation to the new Environmental Information Regulations.
7. This public consultation builds on the results of a previous public
consultation on proposals for a revised environmental
information regime which was launched in October 2000.
8. Responses are requested by 4 October to:
Richard J Carter
Sustainable Development Unit
Department for Environment, Food and Rural Affairs
Zone 5/C2 Ashdown House
123 Victoria Street
LONDON SW1E 6DE
Fax: 0207 944 6169
E-mail: [log in to unmask]
9. Printed copies of the guide can be obtained from DEFRA publications
(quote PB7347):
By post - Admail 6000, London, SW1A 2XX;
By telephone - 08459 556000;
By fax - 0208 957 5012;
By email - [log in to unmask]
Press Notices available via DEFRA website; http://www.defra.gov.uk
Nobel House,
17 Smith Square,
London,
SW1P 3JR
