Archived press release

Public's Right to Know Denied

5 June 1996

A new report, published today by Friends of the Earth, reveals that the public's right to environmental information is frequently being denied and calls on the Government to set up an independent body to consider appeals under freedom of information law [1]. Information about environmental issues has been denied during critical phases of debates,and the rights of the public are being seriously eroded.

The report, published as part of Friends of the Earth's Right to Know campaign, highlights numerous examples where requests have been turned down on dubious grounds, delayed, or even priced out of reach.The privatisation of utility companies and research bodies has caused particular problems. Ministers have specifically refused to intervene in the case of water companies [2], yet resort to the courts is impracticable,expensive, and not always appropriate.

Peter Roderick, Legal Adviser at Friends of the Earth, said:

"This report is a powerful indictment of official attitudes to access to information, especially in cases of political controversy. Citizens have a legal right to environmental information. We need a quick, effective and independent tribunal to deliver the right to know when faced with those determined to deny it."

The report highlights the following examples:

British Gas has not released information on contaminated sites in its ownership; similarly, with privatisation imminent, neither did Railtrack; estimated costs of environmental programmes being discussed by the water companies and Government were not released during the price review; a local campaigner was refused information about a road-widening scheme until she quoted the law; local authorities' charges have ranged from free to 60 per hour; an initial "price" of 3000 for traffic count information was later dropped to 100 by the Department of Transport.

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The report, "Insisting on our Right to Know", details Friends of the Earth's experiences and analysis of using a law which is theoretically designed to give individuals an enforceable right to environmental information from public bodies. A House of Lords Select Committee is currently considering the law's implementation and will report later this year [3].

ENDS

NOTES TO EDITORS:

[1] Friends of the Earth, 1996 - "Insisting on our Right to Know", 44 pp, 6.95.ISBN 1 85750 275 2.

The report looks at the Environmental Information Regulations 1992, which implement the Council Directive on freedom of access to information on the environment, 90/313/EEC. The law states that information relating to the environment held by public authorities should, subject to some exceptions, be publicly available. The law also covers those with public responsibilities for the environment under the control of a public body.

As long ago as 1993, the Government promised to consider a tribunal to look at both environmental information requests and health and safety information requests, yet has failed to introduce the necessary legislation ("Open Government", Cm 2290, 1993. London, HMSO).

Friends of the Earth's "Right to Know" campaign is calling for - a tribunal for environmental information requests, - recognition that privatised utilities should be subject to the freedom of information law, and - access to comprehensive data about industrial emissions. The campaign was launched last October with Internet publication of a government database of industrial chemical releases, using interactive "point and click" maps (/cri).

[2] When pressed about the status of water companies, the Minister for the Environment and Countryside (Robert Atkins MP at the time) stated that "It is not for Ministers to interpret the law; in the case of a dispute it is for the Courts to decide", effectively refusing to take a stand on the matter despite the fact that Government policies are driving the privatisation in the first instance.

Friends of the Earth has also submitted two complaints to the European Commission about the the lack of a tribunal the scope of the exceptions the lack of practical arrangements, and charges levied by the Ordnance Survey for digitised data.

[3] The House of Lords European Communities Committee, sub-committee C.The report was originally submitted as evidence to this Committee.

If you're a journalist looking for press information please contact the Friends of the Earth media team on 020 7566 1649.

Published by Friends of the Earth Trust