Archived press release

New Year Gives Public Right to Know

21 December 2004

A new campaign called "Right to Know" is being launched by Friends of the Earth to help people get hold of previously secret information held by public authorities and companies.

The "Right to Know" campaign coincides with new Freedom of Information laws that come into force on January 1 2005 and includes a unique online Information Request Generator which will let people apply directly for information on-line to find out what public bodies - ranging from central government to local councils - are doing on their behalf and with public money.

The website is: www.RightToKnowOnline.org

Background briefing

Introduction:

The laws are:

• The Right to Know provisions of the Freedom of Information Act 2000, which gives members of the public access to all information held by public authorities. Release can only be refused under specified exceptions.

• The Environmental Information Regulations 2004 which gives the public even stronger rights of access to environmental information held by public authorities and by a number of companies which are subject to the Environmental Information Regulations 2004 [2].

Friends of the Earth's "Right to Know website":

The website includes a unique "Right to Know" Information Request Generator, the first of its kind in this country. It is a quick and easy on-line route for people to request information from public authorities under the new laws and will guide them through the process so that they have the greatest chance of getting the information that they want [3].

The website also helps people use their rights to know with the most comprehensive and practical on-line "Handbook to Right to Know laws" currently available in the UK.

Testing the new laws

Friends of the Earth will be vigorously testing the new laws to make sure public authorities and companies meet their obligations. Friends of the Earth will particularly be checking that public authorities and companies don't abuse the exceptions and that charges are not used to prevent people having access to information.

Friends of the Earth will request environmental information from companies that have previously not been subject to access to information laws.

For example, waste companies that carry out work for local authorities will be subject to the new information laws and will be required to respond to requests from members of the public for environmental information.

A recent document obtained in December 2004 from the DTI show that coal-fired power stations (one of the major contributors to climate change in the UK) are very concerned because they will now be forced to release environmental information to the public on request. This is only possible because they will be treated as public authorities under the Environmental Information Regulations 2004.

The document obtained under the Current Code of Practice on Access to Government Information shows that the Association of Electricity Producers (who represent coal-fired power stations) met with DTI on 17 November 2004 to protest against their members' inclusion as public authorities under the new laws. The Minutes of the meeting between AEP and DTI state that the "CBI was taking up this case for AEP and other companies."

Friends of the Earth's experience

Friends of the Earth is well positioned to comment on and make use of the new laws. It has several years of experience using previous Right to Know laws in the UK and elsewhere and has been involved in two major Right to Know legal cases in this country [4]. Over the past decade Friends of the Earth has used existing Right to Know laws to access previously secret environmental information on issues ranging from the Ilisu dam in Turkey to information about GM crop trials in England. Friends of the Earth has also used access to information laws in a number of other countries (including the USA, Denmark and Sweden).

How the new laws work

The Freedom of Information Act and the Environmental Information Regulations 2004

Some common features

• Authorities must respond as soon as possible and at the latest within 20 working days.
• Authorities must give detailed reasons for any refusal to release information.
• Authorities have a legal duty to provide advice and assistance.
• There is a legal right to a free appeal to the Information Commissioner if refused information or if a request is not treated properly.
• There are limits to the amounts that may be charged for information.

Differences

• Requests for environmental information need not be in writing.
• The grounds on which authorities can refuse to release 'environmental information' are much narrower (and there are less of them) than for other information.
• Environmental information may only ever be withheld where the public interest favours withholding the information.
• The Freedom of Information Act only currently applies to classic 'public authorities'. The Environmental Information Regulations also apply to a large number of companies such as waste companies, water companies, power generating companies, airport operators and others. That means that you can write directly to those companies and request environmental information and they must give it to you.

Notes

[1] The Freedom of Information Act 2000 and the Environmental Information Regulations 2004 do not apply in Scotland. Scotland has similar laws coming into force on the same day although the rights in Scotland are more generous and the exceptions are narrower.

[2] Certain types of companies are subject to the Environmental Information Regulations 2004 in exactly the same way as `traditional' public authorities. These will usually include waste companies, water companies, power generating companies, airport operators and others.

[3] Our Information Request Generator will initially deal only with requests to central government departments and a small number of others. In the new year it will be upgraded to cover many other types of authority (and company) at a national and local level.

[4] Members of the public have had a legal right to access environmental information since 1992 (under the Environmental Information Regulations 1992). In addition, for several years there has been a non-binding Code of Practice on Access to Government Information. Details of two of Friends of the Earth's previous legal actions can be found on-line at www.foe.co.uk/campaigns/real_food/news/2004/june/bayer/ and
www.foe.co.uk/campaigns/real_food/news/2002/may/may_15.html

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