Archived press release

Government Publishes New Laws on Rights to Environmental Information

22 July 2004

Friends of the Earth today gave a cautious welcome to the publication today (Thursday 22^nd July) of new laws on access to environmental information, but argued that the new legislation does not go far enough and may not meet the requirements laid down by European law [1].

The Regulations will come into force on 1 January 2005 to coincide with the `right to know' provisions of the Freedom of Information Act 2000.

They provide for new and enhanced rights of access to environmental information which will be more powerful than rights to other types of information under the Freedom of Information Act. Members of the public will have robust rights of access to environmental information held by public authorities and by certain private bodies and companies. Reasons for refusing to release information have been substantially tightened up [2]. In addition, members of the public who are refused information will now have a right to take the matter to the Information Commissioner free of charge.

Friends of the Earth has frequently used the previous regulations [3] to provide support for their campaigns, including going to court to fight against refusals to release information.

Friends of the Earth lawyer Phil Michaels said:

"We are very pleased that DEFRA has finally published these Regulations. But they do not go far enough. As they stand, they may prevent people from enforcing their rights to environmental information in the way required by European law."

"In particular, the provisions on charging for information are seriously out of step with EU law and will discriminate against the poorest in society. Research shows that poor areas are most likely to suffer from industrial pollution. It is precisely those who are directly affected who have the greatest need for environmental information and the Government should be promoting access to marginalised groups and not be discriminating in this way."

Notes

[1] The Environmental Information Regulations 2004 were laid before Parliament on Thursday 22^nd July for approval. They will come into force on 1^st January 2005. They are required in order to meet the Government's EU legal obligations. The Directive on Freedom of Access to Environmental Information (2003/4) requires the Government to introduce regulations by February 2005. These Regulations were first consulted on in Autumn 2002 and were intended to come into force in Spring 2003.

[2] In order to withhold environmental information from release the authority will now need to meet the terms of one of a number of specific exemptions and will also have to show that `in all the circumstances of the case the public interest in maintaining the exemption outweighs the public interest in disclosing the information'. There is also a new legally binding presumption in favour of disclosure.

[3] The Environmental Information Regulations 1992 will be revoked. The new regulations apply to England, Wales and Northern Ireland.

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Published by Friends of the Earth Trust