A STANDARD MACRO

Mr I Salisbury Our ref:

Your ref:

Date: 8 September 2009

Dear Mr Salisbury,

Environmental Information Regulations: Dredging of the River Thames

I write further to your current and outstanding freedom of information requests dated 11 August 2009, 28 August 2009, 29 August 2009 and 2 September 2009.

Since 21 April 2009, the Environment Agency (“the Agency”) has responded to 7 freedom of information requests from yourself concerning dredging, dated 21 April 2009, 15 May 2009, 22 May 2009, 29 June 2009 and 23 July 2009. In turn each request contains somewhere between 2 and 11 individual queries.

The subject matter and the information requested throughout the Agency's correspondence with you has been repetitive. The Agency endeavours to be open and honest organisation and has gone to great lengths to supply you with all the information you have requested which the Agency holds.

I consider the information requested is environmental information and the Environmental Information Regulations 2004 (“EIR”) governs the release of the information. I have considered the content and number of your previous information requests and the four outstanding requests of 11 August, 28 August, 29 August and 2 September and I am withholding this information under regulation 12(4)(b) of the EIR. Regulation 12(4) states:

For the purposes of paragraph [12] 1(a), a public authority may refuse to disclose information to the extent that:

12(4)(b) the request for information is manifestly unreasonable.

A public authority is permitted by the Freedom of Information and Data Protection (Appropriate Limit & Fees) Regulations 2004 to treat two or more related requests made by the same person as substantially the same request. Accordingly I have aggregated all your information requests as set out above. Please note that I have not considered any time spent by the Agency in researching or responding to the two reviews of the Agency's handling of your requests.

The exception under EIR Regulation 12(4)(b) applies as you have repeatedly requested substantially the same information over a short space of time and your requests have so far taken over 60 man hours (roughly 8 days) to respond to, meaning that the Agency has been diverted from carrying out its other statutory duties.

When refusing information under the EIR Regulations a public authority must consider whether the public interest in disclosure outweighs the public interest in maintaining the exception. I have considered the factors in favour of the release of information and those which favour withholding the information.

Factors in favour of release include:

The general presumption of disclosure - this is our starting point in connection with any request for information.

The general need to promote accountability and transparency - there is a genuine and clear public interest in understanding how we fulfil our environmental and regulatory functions and in understanding how we manage our resources. There is in addition an interest in members of the public being able to understand decisions and actions being taken which can have a direct impact on them and their daily lives. There is an element of the “right to justice” in allowing disclosure of any information held. There is a clear public interest in assessing whether an act or omission of dredging affects river levels and consequently is at risk of flooding. If so, there is an interest in knowing why and how this can be prevented in the future.

Contribution to the public debate of issues - enabling the participation of the public in environmental matters and other democratic aspects. As above there is a clear public interest in allowing debate of the effectiveness of the Agency.

Contribution to the effective running of the public sector - if the disclosure of information would identify shortcomings in the operation of the Agency which would ultimately lead to improvements in the public service then a presumption would operate in favour of such a disclosure.

Factors in favour of withholding include:

The “strength” of exemptions that apply to the information. Where information is being refused under regulation 12(4)(b) EIR, this is a principle which bears considerable weight. Where frequent and repetitive information requests are received, these have the effect of straining resources, diverting the Agency's employees from carrying out other more necessary statutory duties and damaging the credibility of the FOIA and EIR.

Prejudicing the effective running of the Agency, where information requests effectively operate to prevent the effective running of the Agency, it is not in the public interest to respond to these requests.

After considering all relevant factors, in my view the considerable adverse effects of releasing this information outweigh the factors in favour of disclosing it.

If you are not satisfied with our decision not to supply all of the requested information you can contact us to ask for our decision to be reviewed. If you are still not satisfied following this, you can then make an appeal to the Information Commissioner, who is the statutory regulator for Freedom of Information.

Yours sincerely

Sarah Ferretti

Solicitor

Direct Line: (0118) 9535338

Fax No: (0118) 9509440

DX No: 121325 Reading 10

Email: [email address]

The Environment Agency

Kings Meadow House, Kings Meadow Road, Reading, RG1 8DQ.

DX Address 121325 Tel 0118 9535000 Fax 0118 9500388 GTN 7-25- X 1000

The Environment Agency

Kings Meadow House, Kings Meadow Road, Reading, RG1 8DQ.

DX Address 121325 Tel 0118 9535000 Fax 0118 9500388 GTN 7-25- X 1000

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