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Morning all! With ref to FOI/EIR, it is worth remembering (as I have recently been reminded by Northamptonshire's FOI team), that if an enquiry does not fall within the scope of EIR because it is about historical information, it is still likely to qualify as an FOI enquiry, and should be dealt with as such. I'm seeking further advice about this one....... Chris >>> Nick Boldrini 02/02/07 >>> Following previous discussion on the list about FOI/EIR, we have recieved the following answer which may be of interest to list members. Makes things pretty clear, in a muddy sort of way.... best wishes Nick Boldrini Historic Environment Record Officer Heritage Section Countryside Service North Yorkshire County Council County Hall Northallerton DL7 8AH Direct Dial (01609) 532331 Conserving North Yorkshire's heritage - encouraging sustainable access www.northyorks.gov.uk/archaeology This email is personal. It is not authorised by or sent on behalf of North Yorkshire County Council, however, the Council has the right and does inspect emails sent from and to its computer system. This email is the sole responsibility of the sender >>> Neil Campling 15/01/2007 16:00:50 >>> Please read the following discussion by the Office of the Information Commissioner:- >>> <[log in to unmask]> 15/01/2007 15:11 >>> 15th January 2007 Case Reference Number ENQ0146925 Dear Mr Campling Thankyou for your recent enquiry. It is difficult for us yet to give definitive advice on whether information of certain types falls within the definition of environmental information. The definitions are broadly drafted, presumably to cover the many jurisdictions in Europe, and have received little judicial consideration. It is currently difficult for us to make judgements of this nature without giving full consideration to the all the factors surrounding the information and its use, which we would do only on consideration of a complaint. It is quite likely that a large part of the information in the Historic Environment Records would fall within the definition of environmental information. Presumably the purpose of maintaining these records is to protect historical sites and buildings. They could then fall within the definition of "information on measures or activities designed to protect elements of the environment [including] the landscape" (Regulation 2(1)(c)). It may even be simpler than this if it is construed as "information on the state of the landscape" (Regulation 2(1)(a)). They may also fall within the definition of Regulation 2(1)(f) as "the state of cultural sites and built structures inasmuch as they are or may be affected through the landscape by activities affecting or likely to affect the landscape". Information held in these records that is purely historical or archaeological is unlikely to be environmental information. Information that is used for planning decisions or for reports on the state of the landscape is likely to be. "The majestic, almost regal, appearance of Rievaulx Abbey looming from the depths of a narrow river valley." could be construed as environmental information. "The abbey of Rievaulx was founded in 1132. It was built to be the first Cistercian outpost in the North, an abbey from which the White Monks could reform and colonise northern England and Scotland." is historical information with no environmental element to it, unless the age of the building is a factor to take into account when assessing environmental impact. This may well be a point to take further through the Historic Environment Records Forum to see if there is an agreed view held by those working in this field. Yours sincerely Graham S SmithFOI Good Practice Section The original of this email was scanned for viruses by Government Secure Intranet (GSi) virus scanning service supplied exclusively by Cable & Wireless in partnership with MessageLabs. On leaving the GSI this email was certified virus free. The MessageLabs Anti Virus Service is the first managed service to achieve the CSIA Claims Tested Mark (CCTM Certificate Number 2006/04/0007), the UK Government quality mark initiative for information security products and services. For more information about this please visit www.cctmark.gov.uk WARNING This E-mail and any attachments may contain information that is confidential or privileged, and is intended solely for the use of the named recipient. 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