Clause 30 - Water resources management schemes:
Water Bill [Lords]
4:45 pm
Mr Elliot Morley (Minister of State (Environment and Agri-Environment), Department for Environment, Food and Rural Affairs; Scunthorpe, Labour)
I have made it clear that I am sympathetic to the idea of information being made available as widely as possible where that is appropriate. As the hon. Lady will understand, it is already necessary for information in agreements made under section 20 of the Water Resources Act 1991, other than commercially sensitive data, to be made available to the public. Where the information relates to the environment, a very broad term, it must be made available under the environmental information regulations. Other information will also be subject to the Freedom of Information Act 2000 when it is fully enforced. That will require a public interest test to be applied.
In reaching a decision on a request for information, a public body has to assess whether the public interest in withholding the information outweighs the public interest in disclosing it. That is perfectly reasonable; in most cases there will be no good reason to withhold information. If the interests are balanced, the presumption is in favour of disclosure. The provision is already in place, and I hope that the hon. Members for Guildford and for Leominster, with their nearly identical amendments, will accept that.