This course is available by: eLearning, Virtual-LIVE and Classroom
 

eLearning PDP’s eLearning courses are facilitated via a dedicated learning platform using videos, supplementary documentation and multiple choice self-assessment questions. The content can be viewed at any time allowing delegates to train around other commitments. Find out more information on PDP’s eLearning courses.
Virtual-LIVE (WEBEX) For those who prefer undertaking LIVE training remotely, PDP’s virtual courses allow delegates to interact directly with the trainer and to participate in group activities, mirroring the typical structure of Classroom sessions.
Classroom This course can be attended on an in-person basis at dedicated training venues (the yellow box below lists the upcoming dates and cities). There are ample opportunities to network with other delegates during coffee breaks and at the sit-down lunch.

Understanding the Environmental Information Regulations

Course Overview:

The Environmental Information Regulations 2004 (‘EIR’) cover a very wide range of information requests, many of which are wrongly assumed to fall under the Freedom of Information Act.

While the scope of the EIR includes information about the most directly “green” environmental functions of the public sector, it is not restricted to them, and embraces information about a much wider range of their activities. The EIR cover land use planning, transport, waste, energy, and agriculture; but they also extend (for example) to information about housing development, nuisance, buildings maintenance, the care of cultural sites, and aspects of public health and food safety.

This course explains the meaning and scope of the EIR. It examines in detail the boundary with FOI, based on guidance and decisions, including the leading case of Henney in the Court of Appeal.

The course looks at the main differences between the EIR and the FOI Act, and why this matters. It explains which organisations are subject to the EIR, the handling of EIR requests (including mixed FOI/EIR requests), and specific issues such as the:

• express presumption in favour of disclosure
• extent to which the EIR override other legislation
• ‘aggregation’ of public interests factors in favour of non-disclosure
• duty to disseminate environmental information; and
• power to charge.

The course looks in detail at the exemptions (“exceptions”) from the EIR, many of which differ markedly from those under the FOIA. Particular issues include:

• how likely harm needs to be before certain exceptions apply; and
• the meaning of ‘emissions’, where some EIR exceptions do not apply

At the same time, the course questions the frequent assumption that requests under the EIR will necessarily lead to greater levels of disclosure than under the FOI Act.

EIR requests involving personal data are handled briefly on this course, since the topic is covered in detail in the course on FOI and Data Protection - How They Work Together.

Public authorities and their advisors, and those in the private sector to whom the EIR apply, need to understand the Regulations in order to handle information requests correctly. The course equips practitioners to recognise and handle practical issues arising under the EIR with confidence.
Understanding the EIR is also an important aspect of understanding the scope of the FOI Act.

Attendance on this course can be used as credit towards gaining the Practitioner Certificate in Freedom of Information.