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Environment Agency publishes unlawful guidance on Right to Know
1 April 1996
The new Environment Agency started operating today (Monday 1/4/96) with a commitment to openness ......but has tripped over the first hurdle. Friends of the Earth has joined Lord Crickhowell in warning ministers that the new organisation may be too secretive and that if too much of the new agency's advice is given behind the scenes it "would quickly lose the public support and respect" [1].
In spite of a commitment to the provision of environmental information to the public photocopying charges have been increased by nearly 70% from the rates that were charged by HMIP. More importantly if the Agency responds according to the time limits stated in it's newly published guidance it would be acting unlawfully [2].
Alan Watson, Senior Campaigner on Industry and Pollution at Friends of the Earth said:
"Time and time again we have found official bodies delaying the provision of information that should be in the public domain simply to avoid political controversy or embarrassment. It is incredible that an Agency tasked with enforcing legislation to protect the environment should misconstrue statutory regulations in it's first public guidance."
ENDS
NOTES TO EDITORS:
[1] Quote from "Fears over role of environment 'regulator'"The Independent 1/4/96[2] Specifically the Agency has said that "information made available under the Environmental Information Regulations will normally be provided within 60 working days" (i.e. about 3 months) - a clear conflict with the regulations which require requests to be responded to 'as soon as possible' and in no case more than two months after it is made. See the Environmental Information Regulations 1992 - Statutory Instrument No 3240/1992
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Published by Friends of the Earth Trust
Last modified: Sep 2008
