The Environmental Information Regulations

The Environmental Information Regulations provide the public with a right to request access to environmental information held by public bodies. There have been regulations on access to Environmental Information in the UK since 1992. The Environmental Information Regulations 2004 update the 1992 regulations in line with EU Directive 2003/4/EC. This directive derives from the Aarhus Convention and is aimed at improving participation in environmental decision-making.

Public Authorities need to be aware that they have a duty to respond to all requests for environmental information whether written or verbal, and that no mention of the EIRs needs to be made in order for them to apply. There are some exceptions to disclosing information but all are subject to a public interest test. Information can only be withheld if it is clearly in the public interest to do so. There are fewer exceptions which apply if the information is on emissions.

The definition of environmental information

The definition of environmental information is very wide and covers any information that relates to:

air
water
land
natural sites
flora and fauna (including crops, livestock, GMOs and biodiversity)
built environment
health

It also covers all information relating to decisions or activities affecting, or likely to affect, any of these, including environmental protection and cost benefit analyses.

The information that should be disclosed

The EIRs provide a general right of access to environmental information, subject to certain limited exceptions. These include information that, if released, would adversely affect:

international relations
national defence
public security
the proceedings of public authorities, and the course of justice
intellectual property rights or commercial confidentiality

There are also exceptions relating to:

voluntarily supplied information
personal data, particularly if the disclosure may breach an individual's rights under the Data Protection Act

There is also a special exception to protect the environment to which the information relates. Authorities would not wish to release information if, by doing so, they placed at risk a rare species breeding site, for example.

Guidance on the EIRs can be found at the DEFRA website or by contacting Defra's Environmental Information Unit by email or by telephone on 020 7270 8885.

Guidance and the Code of Practice on the EIRs are also available from the DEFRA website.