Cross v IC & Anor

Cross v IC & Anor

The Sovereign is not a public authority under the Environmental Information Regulations 2004 or Directive 2003/4/EC because she does not have executive or administrative functions, is not organically or functionally part of the public administration or executive of the state, and does not exercise special powers in the sense required by the Directive. The Royal Household, lacking separate legal personality, is co-extensive with the Sovereign for these purposes. Therefore, neither the Sovereign nor the Royal Household is subject to the EIR in respect of requests for environmental information.

Parties
Applicant: Mrs Cross; First Respondent: Information Commissioner; Second Respondent: Cabinet Office
Jurisdiction
England and Wales
Judgment Date
22 March 2016
Procedural Posture
Appeal From Information Commissioner's Decision (upper Tribunal, Administrative Appeals Chamber, Uk) / Final Judgment
Outcome
Appeal dismissed; the Sovereign and Royal Household are not public authorities under the EIR or Directive.
Legal Topics
Definition of Public Authority, Access to Environmental Information, Interpretation of EU Directives, Royal Prerogative and Constitutional Monarchy, Application of Environmental Information Regulations (eir)
Administrative Law Environmental Law Constitutional Law European Union Law Definition of Public Authority Access to Environmental Information Interpretation of EU Directives Royal Prerogative and Constitutional Monarchy +1 more

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Parties

Mrs Cross

Applicant

Information Commissioner

First Respondent

Cabinet Office

Second Respondent

Procedural Posture

Appeal From Information Commissioner's Decision (upper Tribunal, Administrative Appeals Chamber, Uk) / Final Judgment

Legal Issues

  1. 1 Whether the Sovereign (the Queen) or the Royal Household is a 'public authority' under the Environmental Information Regulations 2004 (EIR) and/or the EU Directive 2003/4/EC on public access to environmental information
  2. 2 Whether the functions and powers of the Sovereign amount to public administrative functions under national law for the purposes of the Directive and EIR
  3. 3 Whether the Sovereign or Royal Household is subject to the EIR in respect of requests for environmental information

Ratio Decidendi

The Sovereign is not a public authority under the Environmental Information Regulations 2004 or Directive 2003/4/EC because she does not have executive or administrative functions, is not organically or functionally part of the public administration or executive of the state, and does not exercise special powers in the sense required by the Directive. The Royal Household, lacking separate legal personality, is co-extensive with the Sovereign for these purposes. Therefore, neither the Sovereign nor the Royal Household is subject to the EIR in respect of requests for environmental information.

Court Disposition

Appeal dismissed; the Sovereign and Royal Household are not public authorities under the EIR or Directive.