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Letters to Regulatory Directors
RD 09/08 22 May 2008 Dear Regulatory DirectorACCESS TO INFORMATION – ENVIRONMENTAL INFORMATION REGULATIONS We wrote, in RD 22/04, to inform you that the Freedom of Information Act 2000 (FOIA) was coming fully into operation from 1 January 2005. We outlined the FOIA provisions and how we would respond to request for information. Thus far, the process has worked well, particularly in regard to communications between us and you, the water companies, concerning disclosure of information. In RD 22/04, we also said that we were considering our approach to the updated Environmental Information Regulations 2004 (EIRs), which were also implemented on 1 January 2005 and would keep you informed on progress. The number of requests under the EIRS has been minimal. This is partly due to the successful promotion of the FOIA by the Ministry of Justice (MoJ). However, as legislation has bedded in and cases have been heard by the Information Commissioner (ICO) and the Information Tribunal (IT), EIRs are becoming increasingly prominent. Of particular interest is the fact that some appeals of FOIA requests are being dealt with under EIRs by the ICO and IT. The Department for Environment, Food and Rural Affairs (Defra) is currently promoting EIRs. As part of this, Defra is issuing updated guidance on its website, see link below. http://www.defra.gov.uk/corporate/opengov/eir/index.htm Defra is also running training courses to help public authorities with their obligations under EIRs. Water undertakers are, of course, liable under the EIRs, but not FOIA. The most recent case heard by the ICO on the use of EIRs can be viewed using the link below. http://www.ico.gov.uk/upload/documents/decisionnotices/2008/fer_0118853.pdf The MoJ has issued a consultation recently proposed extending coverage of the FOIA. One of the suggestions has been to include water undertakers. This consultation is now closed. You can find details on the MoJ website using the link below. http://www.justice.gov.uk/publications/cp2707.htm Ofwat has successfully transferred some EIR requests to water undertakers since 1 January 2005. However, it has not always been easy to confirm the correct contact. On reviewing websites for water undertakers, I have been able to confirm contacts for only a few. It would be very helpful to have all contact details for both FOI and EIR requests. Accordingly, could you please complete the attached proforma, either in hard copy or electronically, and return to me by 31 July 2008. Thank you for your assistance. Yours sincerely Paula Bennett Information Rights Practitioner paula.bennett@ofwat.gsi.gov.uk  |
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