Uncovering the Environment: The Use of Public Access to Environmental Information, 2018-2019

This project examined whether the policy of providing access to environmental information has successfully engaged the public and achieved the intended environmental benefits. The data collection consists of data from interviews and surveys with members of the public and with public authorities about access to environmental information in Scotland.

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.

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