1. Training for Grantham Institute staff 29 th November 2013

2. UK Act, started 2005 Requires a response within 20 working days of receipt of a written request sent with an address for response Pseudonyms Purpose of request Publication scheme

3. Responses to a request includes Providing the information. Saying which exemption(s) we are using when not providing information. If necessary, why it is not in the public interest to release the information even if it is exempt If necessary, explain what harm could be done by releasing information Saying if the request is vexatious/breaches cost limit/is repeated

4. From the examples provided, identify: Where information could be released Likely to breach cost limit Likely to be vexatious

5. 23 in total. Have used Section 21, information already available Section 22, information due for publication. Section 36, prejudice to the effective conduct of public affair Section 40, personal information Section 41, information provided in confidence Section 43, commercial in confidence information Sections 23-27, covering defence, national security and international relations Public interest, prejudice, neither confirm nor deny

6. QUESTION: Are there any exemptions you expected that aren’t there? EXERCISE: What exemptions, if any, would you apply to the two requests provided? What would be the public interest arguments? Is there any likelihood of harm should the information be released?

7. Processing From logging to responding Complaints Internal review Information Commissioner’s office Information Tribunal Further courts

8. University of Liverpool – thesis – use of Section 22 Queen Mary – support for academic freedom

9. Environmental information regulations are FoI for environmental information Come from an international convention (Aarhus) and an EU Directive QUESTION: Why a separate piece of legislation to FoIA?

10. “environmental information” has the same meaning as in Article 2(1) of the Directive, namely any information in written, visual, aural, electronic or any other material form on— (a)the state of the elements of the environment, such as air and atmosphere, water, soil, land, landscape and natural sites including wetlands, coastal and marine areas, biological diversity and its components, including genetically modified organisms, and the interaction among these elements; (b)factors, such as substances, energy, noise, radiation or waste, including radioactive waste, emissions, discharges and other releases into the environment, affecting or likely to affect the elements of the environment referred to in (a); (c)measures (including administrative measures), such as policies, legislation, plans, programmes, environmental agreements, and activities affecting or likely to affect the elements and factors referred to in (a) and (b) as well as measures or activities designed to protect those elements; (d)reports on the implementation of environmental legislation; (e)cost-benefit and other economic analyses and assumptions used within the framework of the measures and activities referred to in (c); and (f)the state of human health and safety, including the contamination of the food chain, where relevant, conditions of human life, cultural sites and built structures inasmuch as they are or may be affected by the state of the elements of the environment referred to in (a) or, through those elements, by any of the matters referred to in (b) and (c);

11. 20 working days to respond Processing requests and complaints Required to publish certain environmental info – use publication scheme Covers all public authorities subject to FoIA and other organisations with a public duty towards the environment QUESTION: Does this include utilities/water companies?

12. Requests can be made verbally – though can be then put into writing and say is this what you meant Manifestly unreasonable rather than vexatious Exceptions rather than exemptions All exceptions public interest test Presumption in favour of release of all information but especially that relating to emissions

13. 12(4)(a)it does not hold that information when an applicant’s request is received; 12(4)(b)the request for information is manifestly unreasonable; 12(4)(c)the request for information is formulated in too general a manner and the public authority has complied with regulation 9 (duty to advise and assist); 12(4)(d)the request relates to material which is still in the course of completion, to unfinished documents or to incomplete data; or 12(4)(e)the request involves the disclosure of internal communications.

14. Regulation 12(5)(a) International relations, defence, national security & public safety. Regulation 12(5)(b) The course of justice, the ability of a person to obtain a fair trial or the ability of a public authority to conduct an inquiry of a criminal or disciplinary nature. Regulation 12(5)(c) Intellectual property rights. Regulation 12(5)(d) The confidentiality of the proceedings of a public authority where such confidentiality is provided by law. Regulation 12(5)(e) The confidentiality of commercial or industrial information where such confidentiality is provided by law to protect a legitimate economic interest. Regulation 12(5)(f) The interests of the supplier of the information Regulation 12(5)(g) Protection of the Environment (d) (e) and (f) cannot be applied to emissions information

15. What exceptions, if any, would you apply to the two requests provided? What would be the public interest arguments?

16. Most decisions relating to academic research have involved environmental information and animal research Queen’s University Belfast – tree rings data University of East Anglia – Climate change data University of East Anglia – Tree ring data

17. Rachael Maguire, r.e.maguire@lse.ac.uk, ext 4622r.e.maguire@lse.ac.uk Dan Bennett, d.bennett@lse.ac.uk, ext 6481d.bennett@lse.ac.uk Pcpd.info.rights@lse.ac.uk