The Campaign has produced a briefing for MPs for the second reading of the Environment Bill in the House of Commons on 26th February 2020.
We are concerned at the restrictions on disclosure of information in the bill:
- The bill establishes the Office for Environmental Protection (OEP) but contains broad prohibitions on the disclosure of information about some of the OEP’s functions. The Explanatory Notes say these prohibitions do not affect the public’s right to information under the Environmental Information Regulations (EIR) except in one specified way. However, nothing in the bill itself establishes that the prohibitions do not override the EIR right to information. The bill should be amended to ensure that the EIR right of access is not undermined.
- The bill would prohibit disclosure of information about OEP investigations into suspected failures by public authorities to comply with environmental law. The prohibition would only be lifted once the OEP decides to take no further action. However, the status of the information in question would be changed to allow a particular EIR exception that might not otherwise apply to be invoked. This would make it more likely that the information could be withheld under the EIR. That should not be necessary. Existing EIR exceptions protect information whose disclosure is shown to be harmful and not in the public interest.
- A prohibition would also apply to information which public bodies supply to the OEP to assist it with its functions. The information could only be disclosed with the consent of the body supplying it. If the prohibition on disclosure trumps the EIR right of access, this information could be withheld indefinitely, preventing public access to information about matters such as progress toward meeting environmental targets.
Read the full briefing.