The Environmental Information Regulations 2004 cover a wide range of information which has often been assumed to fall under the Freedom of Information Act. 

The scope of EIR is not restricted just to “green” subjects or information, but extends to land use, planning, transport, waste, energy, agriculture, housing development, public nuisance, and aspects of public health, food safety, buildings maintenance and cultural sites.

Many information requests will be a mixture of FOI and EIR. Greater disclosure can generally be expected under the EIR than under FOI.

Public authorities and their advisors, and those contracting with the public sector or carrying out public functions, need to understand the scope of the Regulations in order to handle information requests correctly.

This Training course explains the meaning and scope of the EIR and to whom they apply.  It examines in detail the boundary with FOI, based on decisions of the Information Commissioner and Information Tribunal and on guidance from DEFRA; including the potential role of a remoteness test in limiting the range of information covered. It analyses the “exceptions” and how to approach the public interest test.

The course equips practitioners to recognise and handle practical issues arising under the Regulations with confidence, and to avoid the pitfalls of dealing with information requests under the wrong regime.

Course content:
Topics covered include:

• Definition and scope of environmental information

• Application in the public and private sectors

• Differences between EIR and FOI

• EIR exceptions, and how they compare with FOI exemptions

• Requests involving personal data

• Decisions of the Information Commissioner and Tribunal, including Markinson, Kirkcaldie and Lord Baker v DCLG

• Charging

• Best practice: EIR requests and the duty to disseminate

• information

The Training course enables delegates to handle Environmental Information with confidence and to avoid the pitfalls which may otherwise occur.

Damien is a member of the Editorial Board of Freedom of Information, published by PDP, and contributes articles on FOI and EIR topics, as well as a regular update of case decisions.