An appeal against the decision of the Upper Tribunal disputing the extent of “environmental information” in the Environmental Information Regulations 2004 (EIR) has been dismissed, in the case of Department for Business, Energy and Industrial Strategy v Information Commissioner and another.
Mr Alex Henney requested information from, what was at the time, the Department for Energy and Climate Change in a Project Assessment Review about the communications and data component of the UK government’s Smart Meter Programme as “environmental information”. The Upper Tribunal held that the information requested was “environmental information”.
The argument between the parties in this appeal was about when and whether information on a measure, which does not in itself affect the state of the elements of the environment or the factors referred to specifically in the EIR, can be information “on” another measure that does.
Lord Justice Beatson made reference to Directive 2003/4/EC on public access to environmental information, under which the EIR was made. This sets out the requirement that citizens have access to information to enable them to participate in environmental decision-making more effectively, and the contribution of access to a greater awareness of environmental matters and, eventually, to a better environment.
It was concluded that among other things the “very broad language” used in Directive 2003/4/EC indicated that the information in question would be “environmental information” under the EIR, and the appeal was dismissed.
