Change of policy for charging for supply of information

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But my e-mail refers to an Environmental Incident, won't it get answered
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Dear Ian

As part of our continuous improvements in Customer Service, we are asking
previous customers if they would spare us a few minutes to complete
the questions below. This will help us to make improvements and you help
is much appreciated.

Thank you for your assistance with this.

Customer Service Feedback

1. Where did you find our contact details?

2. Did you look for the information you requested on the Environment
Agency website before submitting the request?

3. Were you happy with the length of time it took for us to get the
information to you?

4. Were you happy with the service we provided?

5. Were you charged?

Have you any further comments you would like to make?

Kind regards

Christine

Freedom of Information Team

Customer Service Advisor

Environment Agency

08708 506 506

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Thank you for contacting the Environment Agency. Please see below
regarding our response times and environmental incident reporting

You can expect to receive a reply from us within 10 working days for any
general enquiry. Please note that bank holiday days and weekends are not
classed as a working day.

If your enquiry refers to a Simple Exemptions application you can expect
to receive a response within 25 working days.

The Customer Charter (response days) for all enquiries start from the next
working day of you receiving this auto reply from us. For example an
e-mail's customer charter sent to us on a Friday will start on the
following Monday providing this isn't a bank holiday.

For further information on our Customer Charter please see

[1]http://www.environment-agency.gov.uk/abo...

But my e-mail refers to an Environmental Incident, won't it get answered
sooner?

If you wish to report an incident i.e. pollution, fish in distress,
dumping of hazardous waste, etc please do not use this e-mail service
instead please call our free-phone 24 hour Incident Hotline on 0800 80 70
60. For more details about incident reporting please see:

[2]http://www.environment-agency.gov.uk/con...

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3. http://www.environment-agency.gov.uk/

Thank you for contacting the Environment Agency. Please see below
regarding our response times and environmental incident reporting

You can expect to receive a reply from us within 10 working days for any
general enquiry. Please note that bank holiday days and weekends are not
classed as a working day.

If your enquiry refers to a Simple Exemptions application you can expect
to receive a response within 25 working days.

The Customer Charter (response days) for all enquiries start from the next
working day of you receiving this auto reply from us. For example an
e-mail's customer charter sent to us on a Friday will start on the
following Monday providing this isn't a bank holiday.

For further information on our Customer Charter please see

[1]http://www.environment-agency.gov.uk/abo...

But my e-mail refers to an Environmental Incident, won't it get answered
sooner?

If you wish to report an incident i.e. pollution, fish in distress,
dumping of hazardous waste, etc please do not use this e-mail service
instead please call our free-phone 24 hour Incident Hotline on 0800 80 70
60. For more details about incident reporting please see:

[2]http://www.environment-agency.gov.uk/con...

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sender or recipient, for business purposes.

If we have sent you information and you wish to use it please read our
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Mr Salisbury

Please find attached my review of the Environment Agency's decision as set
out in Sarah Ferretti's letter of 8^th September refusing your request for
information dated 11^th, 28^th and 29^th August and 2^nd September 2009.

Pete Carty
Advisory Team Leader
Tel: 01189 53 5175
Fax: 01189 50 9440

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sender or recipient, for business purposes.

If we have sent you information and you wish to use it please read our
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Mr Salisbury

I understand that you did not receive the e-mail of 9th April below.

I note that you have made a complaint dated 20th April.

Many thanks,

Pete Carty

show quoted sections

Mr Salisbury

I refer to your request for information of 28th August 2009 in which you
asked for an assurance that the Agency's change of [charging] policy was
not introduced to discourage inquiries and for copies of the information
that was considered in reaching the decision to revise the charging
policy.

You requested a review of our decision to refuse that information on 16th
February 2010.

I can confirm that no changes were imposed to discourage inquiries. The
Agency operates as an open and transparent organisation. Changes were
made to the charging policy in July 2009 concerning the licensed re-use of
Environment Agency data primarily for commercial purposes. As your
requests were treated as a non-commercial purpose, the change in July
2009, had no effect on the handling of the queries that
you previously raised.

I apologise for the delay in responding on this point.

Pete Carty
Advisory Team Leader
Tel: 01189 53 5175
Fax: 01189 50 9440

Information in this message may be confidential and may be legally
privileged. If you have received this message by mistake, please notify
the sender immediately, delete it and do not copy it to anyone else.

We have checked this email and its attachments for viruses. But you should
still check any attachment before opening it.

We may have to make this message and any reply to it public if asked to
under the Freedom of Information Act, Data Protection Act or for
litigation. Email messages and attachments sent to or from any
Environment Agency address may also be accessed by someone other than the
sender or recipient, for business purposes.

If we have sent you information and you wish to use it please read our
terms and conditions which you can get by calling us on 08708 506 506.
Find out more about the Environment Agency at
[1]www.environment-agency.gov.uk

References

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Mr Salisbury

I sent you this e-mail yesterday at 12:03:

Mr Salisbury

I refer to your request for information of 28th August 2009 in which you
asked for an assurance that the Agency's change of [charging] policy was
not introduced to discourage inquiries and for copies of the information
that was considered in reaching the decision to revise the charging
policy.

You requested a review of our decision to refuse that information on
16th February 2010.

I can confirm that no changes were imposed to discourage inquiries. The
Agency operates as an open and transparent organisation. Changes were
made to the charging policy in July 2009 concerning the licensed re-use
of Environment Agency data primarily for commercial purposes. As your
requests were treated as a non-commercial purpose, the change in July
2009, had no effect on the handling of the queries that you previously
raised.

I apologise for the delay in responding on this point.

Pete Carty
Advisory Team Leader
Tel: 01189 53 5175
Fax: 01189 50 9440

show quoted sections

Mr Salisbury

Thank you for clarifying your information request to ask for the
information that was considered in revising the charging policy in July
2008 concerning the licensed re-use of Agency data primarily for
commerical purposes.

I confirm that I have taken this to be a request under the Environmental
Information Regulations 2004 and that the time to respond is 20 working
days from 29th April being 28th May.

Peter Carty

show quoted sections

Thank you Mr Salibury and I note your comments.

Peter Carty

show quoted sections

Mr Salisbury

I am still taking intructions and would hope to reply by the end of next
week.

Pete Carty

show quoted sections

I am on holiday now and return to the office on 24th May.

If your query cannot wait until my return please contact the following:

Flood risk and planning: Pennie Yorath: 5783 or 07717 440749
Water and EIA: Suzanne Allen: 5785 or 01189 53 5785
Waste and contaminated land: Sarah Ferretti: 5338 or 07789 740282
Property and conveyancing: Neil Wise: 5130 or 01189 53 5130

If in any doubt contact Pennie Yorath who is standing in as team leader in
my absence.

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We have checked this email and its attachments for viruses. But you should
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We may have to make this message and any reply to it public if asked to
under the Freedom of Information Act, Data Protection Act or for
litigation. Email messages and attachments sent to or from any
Environment Agency address may also be accessed by someone other than the
sender or recipient, for business purposes.

If we have sent you information and you wish to use it please read our
terms and conditions which you can get by calling us on 08708 506 506.
Find out more about the Environment Agency at
[1]www.environment-agency.gov.uk

References

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Mr Salisbury

I have taken instructions on what evidence we have by way of
documentation that was considered in reaching the decision to revise the
charging policy.

There were two internal informal workshops in on 28th June and 15th July
2008 to brainstorm ideas on how we could improve our charging policy.
The only documents brought to those meetings were the existing policies
on licensing and charging so that we could refer to the status quo if
needed.

The people who attended the workshops were familiar with freedom of
information legislation, Government policies and Treasury guidance but
in essence it was the attendees' general knowledge not any specific
documents that were used to inform the discussion.

Regarding the question whether this request falls under the Freedom of
Information Act 2000 (FOI) or the Environmental Information Regulations
2004 (EIR), I do take your point that a charging policy may not fall
within the definition of environmental information in article 2(1) EIR
but, on the other hand, the policy relates to the provision of
environmental information. Nevertheless, for the purpose of this
request, I concede that it fall under the FOI.

Pete Carty

show quoted sections

Mr Salisbury

The individual from whom I am taking instructions has gone on holiday
unitl 11th June. I have made further enquiries to see if someone else
can help me.

I will contact you by the end of the week to inform you how my enquiries
are going.

Peter Carty

show quoted sections

Dear Mr Salisbury

I refer to your e-mail of 1st June in which you raise 3 requests for
information.

1. Evidence considered at the June and July 2008 meetings.

You ask for copies of evidence considered at the meetings in June and
July 2008. The only document brought to the meetings was the policy
current at the time which I attach as, 2 March 08 policy. No other
evidence was considered at the meeting apart from the attendees' general
knowledge of the subject and this is not in documentary form so copies
cannot be provided.

2. Records taken of the June and July 2008 meetings and names of
attendees

No records were taken of the meetings.

Senior management who attended were:

Chris Jarvis, Data and Information National Manager
Adrian Nuttall, Head of Information Law Unit
Liz Greenland, the then Team Leader of the Commercial Licensing Team
Mark Houghton, Head of Data and Information Commercialisation

3. The names of those involved in reaching the decision [I presume
you mean the decision to alter the policy] relating to the revision date
of 1 July 2009 [the new policy arising from the workshops is dated 8th
April 2009; I do not understand the reference to 1st July 2009] together
with (a) a copy of all evidence considered before reaching that decision
and (b) a complete and unredacted copy of any record taken of the
decision.

This has three separate elements:

(i) The names of senior management involved in reaching the decision
are:

As set out above under 2.

(ii) [your item (a)]Copy of all evidence considered before reaching that
decision:

The attached 2 March 08 policy and the general knowledge of the
attendees as stated above (being item a to your request).

(iii) (your item (b)]A copy of the record taken of the decision

No record of the decision was taken but resulted in the attached current
policy.

Peter Carty

show quoted sections

Mr Salisbury

In response to your e-mail of 24th June, the Agency does have a policy
to charge for providing information other than for when the information
is to be re-used which I attach.

Pete Carty

Advisory Team Leader

Thames Region, Legal Services

Environment Agency

Kings Meadow House

Kings Meadow Road

Reading

RG1 8DQ

email [email address]

phone External: 0118 953 5175 Internal: 7 25 5175 [mobile number]

Carty

show quoted sections

Mr Salisbury

Please find attached the following charging policies:

December 2004
July 2005
April 2007
March 2008
May 2009

You also ask for "the evidence that was considered in the creation of
this policy at every stage".

In our previous correspondence you have wanted actual documents. I
cannot supply those since there are no documents as such. All I can do
is to give you a narrative as follows:

The review of our charging policies and charging for re-use policies
took place around the time the Re-use of Public Sector Information
Regulations 2005 were re-enacted. It was not a discrete activity being
part of a wider review of how the Agency licences information and
charges for it. The review involved many meetings and e-mail
exchanges. As for documents, the review considered the Creative Commons
Scheme and the Treasury Guidance.

Peter Carty

show quoted sections