Notes on a Meeting with DEFRA, NBN Trust and NFBR
8th December 2004
Below is the text, first of a note about the meeting from Sir John Burnett, Chairman of the NBN Trust; and secondly a note specifically about issues concerning
local records centres, from the same meeting, by Bill Butcher of Somerset ERC (and NBN Trustee).
Message from Sir John Burnett:
"Environmental Information Regulations * Meeting with Defra
A meeting
took place on December 8th between representatives of Defra and the NBN Trust. The Trust was represented by me, Dr Munford, Trevor James, Oliver Grafton and Bill Butcher, who was also able to represent the views of the NFBR and
Local Records Centres. The atmosphere was both friendly and constructive.
The Trust's representatives outlined the problems which had arisen from their legal advice on the interpretation of the draft Code of Practice to
the new EIR and also described the concerns which had arisen in the whole recording community. For their part, Defra's representatives gave an assurance that it in drafting the new EIR it had not been the intention of either
Defra or the Information Commissioner's Office (ICO) to change the position materially from that under the existing EIR 1992. Certainly, there was no intention to constrain or reduce in any way the activities of voluntary
recorders and societies or reduce their valuable contributions to publicly available knowledge concerning British biodiversity.
A full discussion took place of the problems, real and apparent, that interpretation of the
draft EIR and especially the draft Code of Practice and Guidance has created for the Trust, LRCs and voluntary recording organizations. As a consequence the NBN Trust has been asked to submit appropriate amendments/alterations
to the draft Guidance to alleviate the widespread concerns in the recording community.
The Trust has undertaken to do this as rapidly as possible commensurate with ensuring that recognized adverse issues will be
adequately resolved. Defra has undertaken to review this submission sympathetically and obtain the advice of the ICO and its clearance. If need be, further exchanges will take place to resolve any outstanding issues. Discussion
will almost certainly extend into the New Year but this does not pose a problem since the Code of Practice is regarded by Defra and the ICO as a 'living' document that can undergo interpretative change continuously as 'case
law' on these matters develops.
The Trust is, therefore, cautiously optimistic that an outcome satisfactory to the whole recording community will be achieved. Further progress will be reported as it occurs.
John Burnett
Chairman NBN Trust 10th December 2004"
2.: Notes from Bill Butcher:
"EIR and LRCs - some selected notes from the Defra meeting 10/12/04
The accompanying statement from
Sir John Burnett, chairman of the NBN Trust, summarises the current position on the Environmental Information Regulations.
I would like to add details of a few LRC specific points that I raised at the meeting with Defra.
The purpose is to enable you to use this information, if you wish, in discussion with your partners on the effects of the regulations.
The scope of the meeting was England, Wales and Northern Ireland. A different version
of the regulations applies to Scotland.
I asked, and Defra agreed, for an interpretation to be obtained from the Information Commissioner on whether Local Records Centres will be considered as Public Authorities for the
purposes of the regulations. The interpretation is likely to rest on some combination of the legal status of LRCs (local authority, Wildlife Trust, independent company or charitable trust) on the one hand and the degree of
control by Public Authorities (in the sense of the Freedom of Information Act) on the other. The Defra officials considered it to be likely that some LRCs would be Public Authorities and others would not.
I asked that
the Guidance be changed to provide for Public Authorities' ability to refer requests that they receive to professional information services [such as Local Records Centres] for answering on their behalf, direct to the enquirer.
The Defra officials supported this proposed amendment in principle and invited us [through NBN Trust] to propose new wording for this part of the guidance.
Amended guidance on charging has been published by Defra as part
of a revised Chapter 6 of the guidance, 3 December 2004 draft. This can be downloaded from the Defra website.
Extended consultation deadlines on the guidance have also been posted on the Defra website.
Bill Butcher
SERC and NFBR
10/12/04"