Dear Wirral Metropolitan Borough Council,
I understand a new report has been prepared on the Air Quality in Wirral. I would like to see it please, even if it is just in draft form
Dear Miss Homeri
We write further to your recent request in which you stated " I understand
a new report has been prepared on the Air Quality in Wirral. I would like
to see it please, even if it is just in draft form"
Your request has been dealt with under the provisions of the Environmental
Information Regulations 2004 (EIRs) as the information requested is
considered to be ‘environmental information’ under Regulation 2(1) (c) of
the EIRs, which provides that information on activities, measures etc.
affecting or likely to affect the elements of the environment will be
Please be advised that pursuant to Section 12(4)(d) EIRs, information is
excepted from disclosure where it is still in the course of completion,
unfinished documents or incomplete data. Draft documents are unfinished
even if the final version has been produced. In this case, we do not
currently have a draft of the Wirral 2021 ASR report. It is intended that
the report will be drafted and completed towards June 2021, at which time
it will be made publicly available.
As Regulation 12 (4)(d) EIRs is subject to the public interest test, we
have considered the public interest factors in favour of both disclosure
and maintaining the exception. The EIRs make it clear that there is a
presumption in favour of disclosure of environmental information and there
is a generic public interest in accountability and transparency relating
to public health and benefit. However, disclosing incomplete early stage
information before an initial draft has been formulated could lead to
misinterpretation and the public being misled, which would have a negative
impact of Wirral's citizens.
Further, the Council has every intention of publishing the report upon
completion. It is this Council’s position that the public interest in
maintaining this exception outweighs that of disclosure and declines your
request under Regulation 12 (4) (d) of the legislation.
You have the right to make representations under Regulation 11 of the
Regulations, which should be sent to [Wirral Borough Council request email].
If you are dissatisfied with this response to your request for
information, you have the right to complain to the Information
Commissioner, but would normally be expected to make representations
before complaining to the Commissioner. The Information Commissioner’s
Office can be contacted at https://ico.org.uk/global/contact-us/
Principal Information Management Officer
PO Box 290
Email: [Wirral Borough Council request email]
Visit our website: www.wirral.gov.uk
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