Uncovering the Environment: The Use of Public Access to Environmental Information

This project examines whether the policy of providing access to environmental information has successfully engaged the public and achieved the intended environmental benefits. Analysis of statistical data, questionnaires and interviews will show how the right to access this information is being used. The findings will be placed in their context to see whether access to information is making a difference to public participation and substantive outcomes in environmental regulation.

The right to access information held by public authorities has been a major feature in changes to governance in recent decades. Parallel to this has been the establishment of a specific public right of access to environmental information. In addition to the reasons for wider freedom of information (seeking greater openness and transparency, increasing scrutiny and accountability, encouraging public trust and participation in governmental procedures) this has been driven by a desire to enhance environmental protection, "[r]ecognizing that, in the field of the environment, improved access to information and public participation in decision-making enhance the quality and the implementation of decisions, contribute to public awareness of environmental issues, give the public the opportunity to express its concerns and enable public authorities to take due account of such concerns" (Aarhus Convention). There are separate laws at international, EU and national levels ensuring the right of access to environmental information, distinct from wider freedom of information legislation. Moreover, for environmental information in the UK, emphasis was placed on making data available on publicly accessible registers rather than simply entitling members of the public to make specific requests for information held by public authorities.

This project will evaluate the impact of access to environmental information by examining how the right of access is being used in practice and how far the objectives noted above are being satisfied. This will be achieved by examining the scale and nature of the use of the right, studying who is seeking information, what sort of information is being sought and what use is being made of it and gathering the experiences of those holding information, those using it and those affected by it. This will be achieved by gathering data on requests for information and on usage of the information which is proactively disseminated, through research with those holding and obtaining information, as well as with regulatory bodies affected by the deployment of the knowledge obtained. The project will focus on Scotland which provides a large, varied but manageable study area where the researchers have strong collaboration with the key public bodies and the expertise to put findings into the wider context of environmental debates, conflicts and policies.

This research will benefit those concerned with environmental matters and freedom of information. Members of the public (including politicians, the media and NGOs) will gain a better understanding of the actual and potential use of information rights and see examples of their effective use to influence and scrutinise government, on policy, procedure and substantive decisions. Public authorities holding environmental information will gain an awareness of how the right of access is being used, informing their procedures for handling requests and their policies on what information should be published pro-actively. Insight can be gained into easing the burdens of fulfilling the legal requirements and how the governance processes can be made more efficient and effective. For the Scottish Information Commissioner and others charged with oversight of public access to information, the understanding of who is seeking what information and using it in what ways will enable them to tailor their advice and support, for members of the public and public authorities, in order to benefit all concerned.

The social value of this research is shown by the willingness of key bodies to collaborate. Some findings can have immediate impact on the practice of the users and holders of information, whereas others feed in to longer-term consideration and reform of how the legal structures are shaped and used. Five broad categories of beneficiary are:

1) Seekers and users of information: The assumption behind providing access to environmental information is that this information will be useful to various parties. An understanding of who is seeking information and how it is being accessed and used will assist actual and potential users of such data, whether individuals, NGOs, facilitating organisations, or others. Areas where opportunities are being missed can also be identified. The impact on the practice of information holders will also benefit users.

2) Holders of information: A greater understanding of the kinds of information sought, by whom and to what ends, will assist the bodies holding information in meeting the aims of access and in complying with their legal obligations. If information can be presented in ways that satisfy the needs of those seeking it, the resource-intensive task of dealing with individual requests for information can be avoided and greater efficiency and public satisfaction achieved. The collaboration in this project by SEPA and SNH show their appreciation of the value of the study and their willingness to learn lessons from it.

3) Policy- and decision-makers who are presented with information: Providing information to the public is intended to enable greater and more effective engagement with and scrutiny of the bodies making policy and regulatory decisions, many of which are also holders of information as noted above. A greater understanding of how information is being used in presenting arguments to them, and of areas where better use of information would avoid misguided or misplaced representations or public campaigns, will assist them.

4) Overseers of freedom of information: The legal right of access to environmental information is overseen by bodies charged with promoting, monitoring and enforcing public access: the Scottish Information Commissioner, the Information Commissioner and the Aarhus Convention Compliance Committee. All of these bodies will benefit from a better understanding of how the right is being used and where problems arise because of a mismatch of expectations and practice.

5) Policy-makers determining the shape of freedom of information law: The current rules are largely dictated by the need to comply with EU law on this matter. With the proposed withdrawal of the UK from the EU, policy-makers will have more freedom to shape the details of the law, although the UK's obligations under the Aarhus Convention will continue to impose a clear requirement to ensure that information remains accessible.

Since the right of access to environmental information is enshrined in EU and international law, the findings of the project will be relevant not just in the UK but across a wider area, particularly in Ireland where within the context of broadly similar governmental structures, issues of access to information have proved particularly challenging (Ryall (2011)).

The impacts above will be obtained through (see the Pathways to Impact):
- the collaboration of key bodies in the project, including as members of the Advisory Board
- stakeholder workshops to discuss preliminary findings
- presentations at conferences and events run by specialist bodies (e.g. Centre for Freedom of Information) and practitioner bodies (e.g. UKELA) connected with freedom of information and environmental governance
- short articles and blogs in journals and websites directed at professional audiences and environmental groups
- a conference at which findings will be disseminated to researchers and practitioners
- a brief summary of the project's findings which will be widely disseminated.