Environmental Information Regulations 2004: Difference between revisions

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#[http://www.defra.gov.uk/corporate/policy/opengov/eir/guidance/full-guidance/pdf/guidance-2.pdf Guidance on the EIR from Defra]
#[http://www.defra.gov.uk/corporate/policy/opengov/eir/guidance/full-guidance/pdf/guidance-2.pdf Guidance on the EIR from Defra]
#http://www.mi5.gov.uk/output/Page227.html
#http://www.mi5.gov.uk/output/Page227.html
#[http://www.unece.org/env/pp/treatytext.htm Text of the Aarhus Convention]


==External links==
==External links==

Revision as of 18:37, 22 January 2010

The Environmental Information Regulations (EIR) is a UK Statutory Instrument (SI 2004 No. 3391) that provides a right of access to environmental information held by public authorities in England and Wales. The Environmental Information (Scotland) Regulations 2004 apply in Scotland. The regulations came into force on 1st January 2005 [1].


The regulations extend to non-governmental bodies such as water companies[2].

Definition of 'Environmental Information'

Environmental information includes information about air, water, soil, land, flora and fauna, energy, noise, waste and emissions. Environmental Information also includes information about decisions, policies and activities that affect the environment[3].

It is accepted by the UK Government that most maps will contain environmental information.

Public authorities

The coverage of the Environmental Information Regulations is greater than that of the Freedom of Information Act 2000[4], although there are bodies such as the BBC which are covered by the Freedom of Information Act but not by the EIR. The Freedom of Information Act sets out a list of the bodies and classes of bodies that are public authorities, the EIR is less prescriptive.

MI5 acknowledge that they are covered by the EIR and have published Environmental Information on their website[5].


Exceptions

Excluding the personal data exception, all of the other exceptions can only be used to withhold information if it is in the public interest to withhold the information. There can be cases where is uncertainty about whether or not withholding information is in the public interest but the Regulations require a public authority to apply a presumption in favour of disclosure.

References

  1. text of regulations from Statutelaw database
  2. Access to information, from the Ofwat website
  3. Guide to the Environmental Information Regulations from Direct.gov
  4. Guidance on the EIR from Defra
  5. http://www.mi5.gov.uk/output/Page227.html
  6. Text of the Aarhus Convention

External links