§ Norman BakerTo ask the Parliamentary Secretary, Lord Chancellor's Department if he will make a statement440W on plans to allow access to information about the environmental activities of business; and if this will extend to state-owned interests. [61119]
§ Mr. MeacherI have been asked to reply.
We will shortly be consulting the public on proposals to replace the Environmental Information Regulations 1992 (51 3240) as amended in 1998 (SI 1447).
The new regulations will apply to public authorities and to some private bodies performing public administration functions in relation to the environment. They will include exemptions for certain categories of information, including information which is commercial in confidence.
When a public authority receives a request for information, that authority must decide whether they regard the environmental information requested as a matter of commercial confidentiality. If they are satisfied that an exemption applies, then under the new Environmental Information Regulations, they will also apply the public interest test.
Decisions as to whether information is commercial are subject to challenge in a court of law. In accordance with the new proposals the information commissioner will be able to consider whether public authority is following good practice and examine appeals against any refusal to supply information.