Chapter 11: United Kingdom

United Kingdom refers to England and Wales in this report

(continued)



MAPPING AND EVALUATION OF OPPORTUNITIES

A brief word of warning is necessary for those reading the mapping charts. It is not possible to define or summarize the UK situation in terms of definitive rights, contrary to the terminology of the standardized sheets. The relevant UK legislation is so beset by exemptions and conditions that to describe the resulting dispensations as "rights" is misleading.

Access to information, public participation and access to justice in the UK rests chiefly on the ability and willingness of the high court to quash erroneous administrative decisions by court order. Such an order is discretionary and is considered not only in the light of legislation but on weighty case law. The result is that in real terms citizen's rights, such as they are, are elastic and often unenforceable concepts.

These charts are more a blunt instrument than surgeon's scalpel, and thus of limited value. Reference should where possible be made to the text of the report.

TABLE 3: International Decisionmaking
  Initiation of DM (problem/ proposal) Defining the scope, issues and stakeholders (pre-decision scoping) Defining the scope of DM (impacts and alternatives) Evaluation of the alternatives Selection of the alternative (DM about the selected alternative) Execution of the selected alternative Post-decision monitoring & enforcement (feedback/ adjustment)

Phases of Decisionmaking
LEVELS OF PUBLIC PARTICIPATION
Control of decisionmaking (right to decide) - - - - - - -
Decisionmaking power is shared (right to joint decisionmaking) - - - - - - -
Comments are seriously taken into account (right to be heard) - - - - - - -
Adequate notification (right to be informed) - - - - - - -
Access to information (right to access to information) - - - - - - 5

TABLE 4: Preparation and Approval of National Laws and Regulations
  Initiation of DM (problem/ proposal) Defining the scope, issues and stakeholders (pre-decision scoping) Defining the scope of DM (impacts and alternatives) Evaluation of the alternatives Selection of the alternative (DM about the selected alternative) Execution of the selected alternative Post-decision monitoring & enforcement (feedback/ adjustment)

Phases of Decisionmaking
LEVELS OF PUBLIC PARTICIPATION
Control of decisionmaking (right to decide) - - - - - - -
Decisionmaking power is shared (right to joint decisionmaking) - - - - - - -
Comments are seriously taken into account (right to be heard) - - - - - - -
Adequate notification (right to be informed) - - - - - - -
Access to information (right to access to information) - - - - - 5 5

TABLE 5: Preparation and Approval of National Strategies and Policies
  Initiation of DM (problem/ proposal) Defining the scope, issues and stakeholders (pre-decision scoping) Defining the scope of DM (impacts and alternatives) Evaluation of the alternatives Selection of the alternative (DM about the selected alternative) Execution of the selected alternative Post-decision monitoring & enforcement (feedback/ adjustment)

Phases of Decisionmaking
LEVELS OF PUBLIC PARTICIPATION
Control of decisionmaking (right to decide) - - - - - - -
Decisionmaking power is shared (right to joint decisionmaking) - - - - - - -
Comments are seriously taken into account (right to be heard) - - - - - - -
Adequate notification (right to be informed) - - - - - - -
Access to information (right to access to information) - - - - 5 5 5

TABLE 6: Preparation and Approval of Local Rules and Regulations
  Initiation of DM (problem/ proposal) Defining the scope, issues and stakeholders (pre-decision scoping) Defining the scope of DM (impacts and alternatives) Evaluation of the alternatives Selection of the alternative (DM about the selected alternative) Execution of the selected alternative Post-decision monitoring & enforcement (feedback/ adjustment)

Phases of Decisionmaking
LEVELS OF PUBLIC PARTICIPATION
Control of decisionmaking (right to decide) - - - - - - -
Decisionmaking power is shared (right to joint decisionmaking) - - - - - - -
Comments are seriously taken into account (right to be heard) - - - - - - -
Adequate notification (right to be informed) - - - - - - -
Access to information (right to access to information) - - - - 5 5 5

TABLE 7: Preparation and Approval of Regional/Local Policies (Strategies)
  Initiation of DM (problem/ proposal) Defining the scope, issues and stakeholders (pre-decision scoping) Defining the scope of DM (impacts and alternatives) Evaluation of the alternatives Selection of the alternative (DM about the selected alternative) Execution of the selected alternative Post-decision monitoring & enforcement (feedback/ adjustment)

Phases of Decisionmaking
LEVELS OF PUBLIC PARTICIPATION
Control of decisionmaking (right to decide) - - - - - - -
Decisionmaking power is shared (right to joint decisionmaking) - - - - - - -
Comments are seriously taken into account (right to be heard) - - - - - - -
Adequate notification (right to be informed) - - - - - - -
Access to information (right to access to information) - - - 5 5 5 5

TABLE 8: Preparation and Approval of Territorial Plans (Spatial/Local Land-Use Plans)
  Initiation of DM (problem/ proposal) Defining the scope, issues and stakeholders (pre-decision scoping) Defining the scope of DM (impacts and alternatives) Evaluation of the alternatives Selection of the alternative (DM about the selected alternative) Execution of the selected alternative Post-decision monitoring & enforcement (feedback/ adjustment)

Phases of Decisionmaking
LEVELS OF PUBLIC PARTICIPATION
Control of decisionmaking (right to decide) - - - - - - -
Decisionmaking power is shared (right to joint decisionmaking) - - - - - - -
Comments are seriously taken into account (right to be heard) - - - 5 5 - -
Adequate notification (right to be informed) - - 5 5 5 5 -
Access to information (right to access to information) - - 5 5 5 5 5

TABLE 9: Environmental Impact Assessment
  Initiation of DM (problem/ proposal) Defining the scope, issues and stakeholders (pre-decision scoping) Defining the scope of DM (impacts and alternatives) Evaluation of the alternatives Selection of the alternative (DM about the selected alternative) Execution of the selected alternative Post-decision monitoring & enforcement (feedback/ adjustment)

Phases of Decisionmaking
LEVELS OF PUBLIC PARTICIPATION
Control of decisionmaking (right to decide) - - - - - - -
Decisionmaking power is shared (right to joint decisionmaking) - - - - - - -
Comments are seriously taken into account (right to be heard) - - 5 5 - - -
Adequate notification (right to be informed) - - 5 5 - - -
Access to information (right to access to information) - - 5 5 5 5 5

TABLE 10: Siting and Permitting
  Initiation of DM (problem/ proposal) Defining the scope, issues and stakeholders (pre-decision scoping) Defining the scope of DM (impacts and alternatives) Evaluation of the alternatives Selection of the alternative (DM about the selected alternative) Execution of the selected alternative Post-decision monitoring & enforcement (feedback/ adjustment)

Phases of Decisionmaking
LEVELS OF PUBLIC PARTICIPATION
Control of decisionmaking (right to decide) - - - - - - -
Decisionmaking power is shared (right to joint decisionmaking) - - - - - - -
Comments are seriously taken into account (right to be heard) - - - 5 5 5 -
Adequate notification (right to be informed) - - - 5 5 5 -
Access to information (right to access to information) - - - 5 5 5 5

TABLE 11: Management of Environmental Funds
  Initiation of DM (problem/ proposal) Defining the scope, issues and stakeholders (pre-decision scoping) Defining the scope of DM (impacts and alternatives) Evaluation of the alternatives Selection of the alternative (DM about the selected alternative) Execution of the selected alternative Post-decision monitoring & enforcement (feedback/ adjustment)

Phases of Decisionmaking
LEVELS OF PUBLIC PARTICIPATION
Control of decisionmaking (right to decide) - - - - - - -
Decisionmaking power is shared (right to joint decisionmaking) - - - - - - -
Comments are seriously taken into account (right to be heard) - - - - - - -
Adequate notification (right to be informed) - - - - - - -
Access to information (right to access to information) - - - - - 5 5


REC * PUBLICATIONS * DOORS TO DEMOCRACY - WESTERN EUROPE * UNITED KINGDOM

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