Source: Fish Legal

The Information Commissioner’s Office (ICO) – a body which looks into compliance with freedom of information and data protection – has criticised the Northern Ireland Environment Agency (NIEA) for long and excessive delays in responding to information requests.

After a devastating pollution of the Sixmile Water in County Antrim in March 2008 – one of several which had hit the river that year – angling and environmental organisation Fish Legal asked the NIEA (part of the Department of the Environment in Northern Ireland) for details of their investigation of the pollution. The request was for the entire case file, which included documents relating to a failed prosecution of the suspected polluter.

The NIEA ignored successive requests and Fish Legal complained to the ICO. FL then received an incomplete set of documents, 9 months later. However, Fish Legal had to wait until June 2011 for the ICO investigation to conclude and receive confirmation of full disclosure. This was nearly two years after the first request was made.

In its damning decision, the ICO stated that it was, “concerned with the length of time taken by the Department to respond to the complainant in this case”. The ICO added that it had, “further concerns about delays or lack of response to his [Information Commissioner’s] correspondence in relation to this investigation”.

The ICO indicated that the matter was far from over, saying,, “the Commissioner will continue to monitor the Department’s compliance with the EIRs and has noted the details of this case in particular”.

However, Fish Legal and its members have been left wondering how it is that the NIEA should have such a lack of information on a major pollution. The Commissioner agreed:
“The Commissioner accepts the complainant’s point that he would have expected there to be more information held such as attendance notes of what transpired in the course of court proceedings… and the commissioner is somewhat surprised that the Department does not have these, as taking attendance notes of court proceedings is generally a matter of good practice.”

Mark Lloyd, Chief Executive of Fish Legal commented:
“Fish Legal welcomes the decision of the Commissioner to monitor NIEA and the Department for future compliance with the EIRs. Our legal team have had to make several referrals to the ICO on previous occasions for NIEA non-compliance, and at the time of writing has a further complaint under investigation by the Commissioner. We hope that from now on they will help us to play our part in protecting the water environment and in seeking redress from polluters for the damage they cause to our members’ waters.”

William Rundle, Solicitor at Fish Legal added:
“The approach taken in this particular case demonstrates a lack of good practice within the Department, which is not living up to the high standards of transparency and accountability we demand of our public bodies, and is required by law. For those directly affected by the pollution in question it has made a difficult situation worse. Poor investigation and record keeping by NIEA is clearly beneficial to suspected polluters who may have to defend a claim for the damage they cause.”