Responses to Secretary of State’s/ DfT request for comment re new archaeological discoveries

The request was successful.

Dear The English Heritage Trust,

Please supply copies of all communications and notes, including but not limited to emails, between 16 July and 13 August 2020, relating to or mentioning the Secretary of State’s/ Department for Transport request for comment in relation to new archaeological discoveries, in the vicinity of Durrington Walls and/or the Stonehenge World Heritage Site (perhaps cited as Hidden Landscapes Project report, or Durrington Walls pits, or Gaffney, V. et al. 2020 A Massive, Late Neolithic Pit Structure associated with Durrington Walls Henge, Internet Archaeology 55), and any potential impact on the A303 Amesbury to Berwick Down Improvement Scheme (Stonehenge tunnel).

Yours faithfully,

C. Smith

Our Reference:20/01317

Dear Mr Smith,

Re: Information Request – Durrington Walls and Stonehenge World Heritage
Site

Thank you for your email to the English Heritage Trust on 29 August in
which you requested the following information:

Please supply copies of all communications and notes, including but not
limited to emails, between 16 July and 13 August 2020, relating to or
mentioning the Secretary of State’s/ Department for Transport request for
comment in relation to new archaeological discoveries, in the vicinity of
Durrington Walls and/or the Stonehenge World Heritage Site (perhaps cited
as Hidden Landscapes Project report, or Durrington Walls pits, or Gaffney,
V. et al. 2020 A Massive, Late Neolithic Pit Structure associated with
Durrington Walls Henge, Internet Archaeology 55), and any potential impact
on the A303 Amesbury to Berwick Down Improvement Scheme (Stonehenge
tunnel).

Your request will be considered under the Freedom of Information Act
(2000)/ the Environmental Information Regulations (2004).  We will be
writing to you within the statutory 20 working day timeframe with a
response to your request.  You will be informed if this is not possible.

Yours sincerely, 

Information Rights Team

Historic England

The Engine House

Swindon

SN2 2EH

Telephone: 01793 414567

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Gibbons, Frances,

64 Attachments

REF: 20/01317

 

Dear C Smith,

 

Thank you for your email dated 29 August in which you have requested the
following information:

 

Copies of all communications and notes, including but not limited to
emails, between 16 July and 13 August 2020, relating to or mentioning the
Secretary of State’s/ Department for Transport request for comment in
relation to new archaeological discoveries, in the vicinity of Durrington
Walls and/or the Stonehenge World Heritage Site (perhaps cited as Hidden
Landscapes Project report, or Durrington Walls pits, or Gaffney, V. et al.
2020 A Massive, Late Neolithic Pit Structure associated with Durrington
Walls Henge, Internet Archaeology 55), and any potential impact on the
A303 Amesbury to Berwick Down Improvement Scheme (Stonehenge tunnel).

 

Your request has been processed under the Environmental Information
Regulations 2004 (EIR).

 

Firstly I would like to apologise for the delay in my response.

 

Having discussed your request with a number of colleagues I can confirm
that English Heritage does hold information that falls within its scope. I
have attached a number of documents for your information. You should,
however, be aware that some information has been removed from the attached
documents, and some documents withheld in their entirety. In making this
decision I have relied upon a number of exemptions within the EIR. The
ambit of these exemptions are outlined below.

 

Regulation 12(3)- Personal Data.

Third party personal data, the disclosure of which would breach one or
more of the data protection principles in the Data Protection Legislation
2018.

 

Regulation 12(4)(e)- Internal Communications.

The exception from disclosure in Regulation 12(4)(e) is concerned with
internal communications. As the correspondence in question are only
between members of English Heritage staff they can reasonably be
defined as ‘internal correspondence’ and so engage the exception.

Whilst I am aware of the explicit presumption in favour of disclosure
that is contained within the EIR, and acknowledge that it is in the
public interest that English Heritage is accountable and open in the
way that it operates and reaches decisions, it is essential that the
information in question is considered in context.

 

The information that is covered by the aforementioned exception
forms part of English Heritage’s internal discussions about the case. It
is very important that staff feel able to discuss the matter freely
and frankly, without concern that the information will be made
publicly available prematurely. It is only through in-depth discussion
that the most appropriate outcome can be established. To hinder such
discussions would have a detrimental impact on the decision making
process. In addition to this I would like to note that some of the
information that falls within the remit of this exemption also
constitutes legal advice. The information is from a member of our
in-house legal team to members of English Heritage staff.  English
Heritage considers such advice to be legally privileged.  The
disclosure of legal advice has a high potential to prejudice English
Heritage’s ability to defend its legal interests - both directly, by
unfairly exposing its legal position to challenge, and indirectly by
diminishing the reliance we can place on the advice having been fully
considered and presented without fear or favour. There is therefore a
strong public interest on such advice not being made public.

 

Having considered the above arguments I have concluded that the public
interest is currently best served by maintaining the exception in
Regulation 12(4)(e).

 

Regulation 12(5)(d)- Confidentiality of Proceedings.

The exception in Regulation 12(5)(d) of the EIR is concerned with
protecting the confidentiality of proceedings by a public authority, where
such confidentiality is provided by law.

 

On reviewing the information in question, I have concluded that it forms a
‘proceeding’ as it consists of detailed discussions associated with the
ongoing A303 project and fulfils the degree of formality for a
‘proceeding’ as set out in the EIRs. I am also of the view that it is
reasonable to consider the information to be confidential.

 

As the application of the exception in Regulation 12(5)(d) of the EIR is
subject to a public interest test it is not sufficient for me to say, for
the reasons above, that I consider the exception to be engaged. I also
have to consider whether, in all circumstances of the case, the public
interest in maintaining the exception outweighs the public interest in
disclosing the information.

 

In favour of disclosure I have considered the public interest in the
transparency of the work of English Heritage and their accountability and
openness in regards to such proposals. I also acknowledge the presumption
in favour of disclosure that is contained within the EIR.

 

In favour of maintaining the exception I have considered the importance of
ensuring that third parties can approach English Heritage and other groups
involved to discuss matters associated with the case without fear that
such discussions may become public. It is essential that positive
relationships are maintained throughout this project in order to ensure
that the most appropriate outcome is eventually achieved. If free and
frank discussions are unable to take place because individuals feel
inhibited  then this will have an adverse effect on the project going
forwards. Releasing such exchanges would also lead to a breach of the
obligation of confidence and trust between English Heritage and other
parties involved in this project.

 

Having considered the above arguments I have concluded that the public
interest is currently best served by maintaining the exception.

 

Regulation 12(4)(d)- Material in the course of completion, unfinished
documents and incomplete data.

Regulation 12(4)(d) is engaged when the request relates to material
that is still in the course of completion, unfinished documents or
incomplete data. I can confirm that I consider the information I am
withholding under this exception to meet the criteria for unfinished
documents, as they consist of draft versions of English Heritage’s final
consultation response. As such the exception is engaged.

 

As the application of all exceptions contained within the EIR are
qualified by a public interest test I also have to consider whether,
in all the circumstances of the case, the public interest in
withholding the information outweighs the public interest in disclosing
it.

 

In favour of disclosure I acknowledge that it is in the public interest
for the public to be provided with information relating to English
Heritage’s work on this matter. Making such information public helps to
ensure the transparency of our work. I have also considered the
presumption in favour of disclosure that is contained within the EIR.

 

In favour of maintaining the exception I have considered the argument
that the documents in question are in draft form and are considered to
be unfinished. As you will be aware, the final version of English
Heritage’s consultation response was submitted to the planning
inspectorate on 13 August and is now publicly available. However, the
steps that English Heritage took in creating that final version should be
protected. The draft documents contain staff discussions concerning the
formulation of the final document. They touch upon which elements of
discussion to focus on, wording and formation. I do not believe that staff
would have been so forthcoming with their views and contributions towards
this document had they thought that their internal discussions and
decision making might become public. It is vital that English Heritage
staff have an opportunity to formulate their ideas without outside
influence. Restrictions on this would have a detrimental impact on the
work of English Heritage.

 

Having considered the above arguments I have concluded that the public
interest is currently best served by maintaining the exception in
Regulation 12(4)(d).

 

Finally, you should be aware that information has also been removed on the
basis of relevance.

 

I hope that the information I have been able to provide is useful to you.
Details of our review procedure are attached.

 

Yours sincerely

 

Frances Gibbons

 

 

Mrs Frances Gibbons
Senior Information Rights Officer

Information and Records Management

Historic England | Room 2/20 | The Engine House | Fire Fly Avenue |
Swindon | Wiltshire | SN2 2EH

I am currently working from home Monday- Friday 8-2.

 

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