Environmental Information Regulations - Guidance for staff
Overview
The Houses of Parliament are subject to the Environmental Information Regulations 2004 (EIRs). To ensure timeliness, quality and consistency, EIR requests are managed by the Information Compliance service.
The principles
- EIR requests can be made verbally or in writing
- There is a heavy emphasis on disclosure (which should be our default position) and proactive publication
- EIRs covers info in ALL formats (including business materials held in ‘private’ areas such as personal emails, memory sticks, etc.)
- A request may contain a mixture of FOI and EIR material
- Most EIR exceptions are subject to a Public Interest Test (PIT)
Definition of ‘environmental information’
The definition of environmental information is rather complex and includes a number of factors defined by the regulations, such as “the state of environmental elements” and “measures or activities affecting those elements”. On receiving a request, Information Compliance will work with the relevant team to explain or agree what is environmental information within the legislation. In practical terms, the team need only to supply the data to Information Compliance, not be experts on the law!
FOI vs EIR
|
FOI Exemption |
EIR Exception (roughly comparable) |
Comment |
|
|
s.12 |
Time/cost |
Manifestly unreasonable |
PIT. No definition, but roughly equivalent to FOI (24 working hours) |
|
s.14 |
Vexatious request |
||
|
s.22 |
Intended for future publication |
Draft and unfinished material |
PIT. Time sensitive. |
|
s.24 |
National security |
National security |
PIT |
|
s.31 |
Law enforcement |
Course of Justice |
PIT |
|
s.36 |
Prejudicial to the effective conduct of public affairs |
Internal communications |
PIT |
|
s.38 |
Health & Safety |
Health & Safety |
PIT |
|
s.40 |
Personal data |
Personal data |
No PIT |
|
s.41 |
Confidential information |
Interests of person providing info |
PIT |
|
s.42 |
Legal professional privilege |
Commercial/in confidence |
PIT |
|
s.43 |
Commercial interests |
||
For further info contact Information Compliance on ext. 2559 or refer to the ICO’s Guide to the Environmental Information Regulations.
House of Commons Information Compliance
Last reviewed April 2022