5th May 2010
Our ref: RFI #719
Your ref:
The Quadrant
Newburn Riverside
Newcastle-upon-Tyne
Susan Davis [[FOI #28444 email]]
NE15 8NZ
T 0300 060 0846
F 0300 060 2302
Dear Ms Davis
Access to Information Request – Partial release – RFI #719
Thank you for your request for information about:
“Please could you release copies of any "Wild Site reports" (as referred to in the Cypripedium committee
minutes) which NE holds. As before, I appreciate that a redaction exercise wil need to take place.”
which we received on 9th April 2010. Your request has been carefully considered under the Environmental
Information Regulations 2004.
A copy of the information is enclosed.
Some of information you requested is being withheld as it falls under the exceptions in Regulation 12(5)(g)
of the Environmental Information Regulations 2004 which relates to the protection of the environment to
which the information relates.
As our rarest wild flower, the Lady’s-slipper Orchid
Cypripedium calceolus is a Critically Endangered orchid
in the UK and is known to be vulnerable to collectors. Although now present on a number of re-introduction
sites across its former range in northern England as the result of work through the Species Recovery
Programme, the orchid is restricted to a single wild site where it was rediscovered in 1930 after being
presumed extinct as a native species in the early 20th Century.
The information in the wild site reports is produced each year from data collected by the wardens, and
compiled for the Cypripedium Committee by Natural England so that members can monitor progress with
the project and the health of the species. The data collected includes specific information on plant
performance and flowering that could place the species at risk, because it may encourage visitors or
collectors to the site at the most critical stage in the growing year. I have considered whether it is in the
public interest to disclose the information covered by these exceptions, as is required by the Regulations.
On balance I am of the view that it would not be in the public interest to disclose this information: any
disturbance to, or collection from, its wild or re-introduction sites would represent a major set-back to the
recovery of the Lady’s-slipper Orchid and could jeopardise its existence as a wild plant in this country.
Having decided against disclosure of this information, Natural England is of the opinion that the documents
requested will be rendered nonsensical as a result of the redaction process, as referred to in the National
Archives’ Redaction Toolkit
(http://www.nationalarchives.gov.uk/documents/redaction_toolkit.pdf):
4.3 If so much information has to be withheld that a document becomes nonsensical, the entire
document should be withheld. In the case of paper documents the same principle should apply to
individual pages.
However, in an effort to be as open as possible, we are supplying the redacted report for 2009. If you
still feel that the reports are of use in their redacted form, we will be happy to supply further reports,
subject to the 18 hour time limit.
Please note that the information we have supplied to you is subject to copyright protection under the
Copyright Designs and Patents Act 1988. You may re-use this information (not including logos) free of
charge in any format or medium, for the purposes of research for non-commercial purposes, private study,
criticism, review and news reporting. You must re-use it accurately and not in a misleading context. The
material must be acknowledged as Natural England copyright and you must give the title of the source
document/publication. However, if you wish to re-use all or part of this information for commercial purposes,
including publishing you will need to apply for a licence. Applications can be sent to Enquiry Service,
Natural England, Northminster House, Peterborough, PE1 1UA.
This information may also contain third party copyrighted material and you will need to obtain permission
from the copyright holders concerned before you re-use it.
If you are unhappy with the service you have received in relation to your request and wish to make a
complaint or request a review of our decision, please contact Darren Green, Natural England, Block B
Government Buildings, Whittington Road, Worcester, WR5 2LQ. Under Regulation 11(2) this needs to be
done no later than 40 working days after the date of this letter.
If you are not content with the outcome of your complaint, you may apply directly to the Information
Commissioner for a decision. Generally, the Commissioner cannot make a decision unless you have
exhausted the complaints procedure provided by Natural England. The Information Commissioner can be
contacted at: The Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow, Cheshire,
SK9 5AF. Telephone: 01625 545 700,
www.ico.gov.uk. If you have any queries about this letter, please contact me.
Yours sincerely
Ben Heathcote (pp Colin Newlands)
Systems, Knowledge, and Information
