Environmental Information Regulations POLICY STATEMENT

Transcription

1 Environmental Information Regulations POLICY STATEMENT Implementation Date: 1 February 2014 Next review Date: 1 February 2016

2 DOCUMENT CONTROL Document History Version Date Changes November 2013 Drafted by Michael Reid IMU November 2013 Reviewed by Karen McCready, Departmental Information Manager December 2013 Reviewed by Business Area Information Managers 2.00 January 2014 Approved by SIRO February 2016 Review Date (every two years) Other Relevant Policies DFP Freedom of Information Policy DFP Data Protection Policy DFP Records Management Policy DFP Information Security Policy Distribution List To all DFP Staff Via Departmental Intranet & Staff brief 2

3 DEPARTMENT OF FINANCE AND PERSONNEL Environmental Information Regulations POLICY STATEMENT 1. The Department of Finance and Personnel is fully committed to compliance with the requirements of the Environmental Information Regulations 2004 (EIR). 2. The EIR regulations contain a duty to disseminate information proactively and give members of the public the right to access environmental information held by the Department, subject to some exceptions. Anyone, anywhere, may request environmental information, whatever their reason for asking. The Department supports this culture of openness and will ensure compliance with the Regulations by: putting in place appropriate procedures and practices; making as much environmental information as possible available on our website; making the provision of information a priority by responding to verbal and written requests promptly and within the 20 working day deadline; ensuring that all staff are aware of their responsibilities and that training is an ongoing process; continuing to protect personal information entrusted to it by disclosing that information only in accordance with the provisions of the Data Protection Act Implementation 3. In the Department, responsibility for ensuring compliance with EIR rests with the Departmental Information Manager who works within the Information Management Unit. The Departmental Information Manager will provide advice and assistance to Business Area Information Managers in dealing with requests for environmental information. He/she will also have overall responsibility for: the provision of an EIR awareness training programme for staff within the Department; the development and maintenance of the EIR Staff Handbook; carrying out compliance checks to ensure adherence with the Regulations throughout the Department. 4. Business Area Information Managers have been appointed in all Directorates/Agencies and will be responsible for ensuring compliance with EIR and the implementation of EIR policy within these areas. They will also provide staff in their Directorates/Agencies with awareness training and advice in dealing with requests for environmental information. A list of current officials responsible for EIR issues can be found on the DFP intranet. 3

4 Staff Responsibilities 5. All staff have responsibilities under the Regulations. They must ensure that any request for environmental information they receive is handled in compliance with this policy and in accordance with the Department s EIR Staff Handbook. In general, staff handling requests are responsible for: responding to requests for environmental information on behalf of DFP as the responsible authority; familiarising themselves with this policy and following procedures set out in the EIR Staff Handbook; identifying EIR requests quickly and ensuring they receive prompt attention in line with procedures set out in the EIR Staff Handbook; responding to all requests for information promptly and usually within 20 working days; disclosing information, where possible, and only withholding certain information in accordance with the exceptions laid down in the Regulations; if applicable supporting members of the public in formulating or expressing requests for environmental information; working with any partners and contractors to ensure that the Department can meet its EIR obligations, including the disclosure of any environmental information they hold on the Department s behalf; consulting with third parties before disclosing environmental information that could affect their rights and interests. However, as in accordance with the Regulations, the final decision on disclosure will rest with the Department; recording all EIR requests and responses and monitoring their performance in handling requests and complaints; contacting their Business Area Information Manager when advice and assistance is required; adhering to the Code of Practice on the Management of Records (Section 46 Code) and Departmental records management policies and procedures. Requests for Information 6. The Regulations give individuals requesting environmental information two rights: (i) (ii) the right to be informed whether the Department holds certain environmental information; and, if so the right to have that information communicated to them. 7. A request for environmental information may be made verbally or in writing. Individuals may express a preference as to how they would like to have the information communicated to them and the Department must comply 4

5 with this preference so far as is reasonably practicable. Requests can be met in a variety of ways such as providing a copy of the original document either electronically or in hard copy, providing a summary of the information or by arranging for the applicant to visit the Department to read the documents. Advice should therefore be sought from applicants as to their preferred method of communication and the information will be provided in that format where possible. Managing Requests for Information 8. The Regulations require the Department to respond to any request for environmental information promptly and usually within 20 working days. The time limit can be extended to 40 working days if the request is particularly complex and voluminous. If the deadline is expected to be extended, the applicant must be notified of this within 20 days. Exceptions 9. A request for certain environmental information may be refused if an exception applies. The public interest test applies to all the exceptions except those relating to personal data. This means that if an exception is engaged and the Department wishes to withhold the information, it must go on to consider whether it is in the public interest to disclose it. A senior member of staff within the Department will assess whether the public interest lies in disclosing the information to the applicant or withholding the information. 10. Detailed information on exceptions and the public interest test can be found in the Department s EIR Staff Handbook. Further advice can be obtained from the relevant Business Area Information Manager or the Departmental Information Manager. Appeals and Complaints 11. Any complaints about how the Department has handled requests for information under the Regulations should, in the first instance, be addressed to: Departmental Information Manager Department of Finance and Personnel Information Management Unit Rosepark Annexe Upper Newtownards Road BELFAST BT4 3NR 12. The Department has an internal review procedure in place and applicants are informed of this in all response letters. An applicant may request a review of a decision to withhold information or may complain, though the internal review procedure, about the handling of a request for environmental information. EIR requests for an internal review must be made 5

6 within 40 working days of the date of the response letter. The Department will normally carry out an internal review within 20 working days of receipt of the request and the applicant will be notified promptly of the outcome. Procedures for carrying out internal reviews are set out in the DFP EIR Staff Handbook. 13. If the applicant is not content with the outcome of the internal review, they may appeal to: The Information Commissioner Wycliffe House Water Lane Wilmslow CHESHIRE SK9 5AF Policy Awareness 14. A copy of this policy statement will be given to all new members of staff and interested third parties. Existing staff and relevant third parties will be advised of the policy which will be posted on the Departmental intranet site and will be available through the publication scheme, as will any subsequent revisions. All staff and relevant third parties must be familiar with and comply with the policy at all times. Further Information 15. Any queries about EIR in the Department should be addressed to the relevant Business Area Information Manager or the Information Management Unit. Further information can also be found on the websites of the Information Commissioner. Associated Documentation 16. This policy should be read in conjunction with: DFP Freedom of Information Policy DFP Data Protection Policy DFP Records Management Policy DFP Information Security Policy Departmental Guidance on Data Sharing Copies of all these policies are available on DFP s internet and intranet sites. 6