Freedom of Access to Information on the Environment: Response to Report (Hansard, 4 February 1997)

Earl Ferrers

My right honourable friend the Secretary of State for the Environment has today published the government response and he has thanked the committee for its timely report. The Select Committee's report has helped the Government in reviewing the workings of our own Environmental Information Regulations and in reporting to the European Commission on the implementation of the EC directive.

We are happy to accept most of the committee's recommendations, although the majority of these involve revisions to the directive rather than to our own regulations. Although we accept that certain revisions to the regulations and guidance are desirable, we are less clear as to when these might best be made. There are external factors to consider.

The Commission is reviewing the directive and changes are possible. We will need to respond to these. However, there is a further complication. Negotiations are proceeding on a UN/ECE Convention on Access to Environmental Information etc. The final agreed text will probably necessitate further changes to both the directive and the regulations.

That does not mean, though, that we should do nothing now. As the report indicates, the regulations, and the Open Government code of practice, are providing the public with improved access to environmental information. We would like this improvement to continue.

We accept that access will be significantly extended if there is a more satisfactory machinery for appeals and enforcement. We propose, therefore, to seek ways to establish an independent appeals procedure as a matter of urgency and will give serious consideration to the Select Committee's preference for an Information Commissioner. We will also ensure that the guidance is revised to cover this change and to improve clarity elsewhere.

I have placed copies of our response in the Library of the House.