Request for Duchy of Cornwall estate details turned down
A veil of secrecy covering the Duchy of Cornwall estate will not be lifted for another two years after a court ruling in London, a Westcountry campaigner has claimed.
Mike Bruton, former head of the Campaign to Protect Rural England (CPRA) in Cornwall, won a landmark case last year forcing Prince Charles to release information about an oyster farm he owns in Falmouth.
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Request for Duchy of Cornwall estate details turned down
The estate, which owns large swathes of the region, was judged to be a public authority and forced to disclose data under the Environmental Information Regulations (EIR).
However, the Duchy appealed against this ruling, by the First-Tier Tribunal on information rights, and asked for the case to be delayed until after a related hearing was heard at the European Court of Justice (ECJ).
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Yesterday, an appeal against this stay by Mr Bruton was dismissed by the Upper Tier Tribunal.
It agreed with the Duchy that the result of a related case brought by anglers against a group of water companies, who are also exempt from disclosure, could have a bearing on the Falmouth case.
Speaking after the hearing, Mr Bruton said he was "disappointed" but hopeful that the ECJ decision, expected in around 18 months, would work in his favour.
"The EIR was put there to give people the right to ask questions and get answers about what people are doing to the environment," he added.
"The Duchy of Cornwall estate, which stretches from Bath to the Isles of Scilly is now safe from examination by the general public for the next two years.
"One of England's biggest landowners can now do as it wishes without answering to the public – the law which applies to almost everyone else does not apply to them."
Mr Bruton first submitted a request in 2008 under the EIR, which came into force in 2005, along with the Freedom of Information (FoI) Act, to provide a statutory right of access to environmental information held by public authorities.
He claims the Port Navas oyster farm, owned by the Duchy of Cornwall Oyster Farm Ltd, is causing damage to a designated special area of conservation, by its cultivation of non-native Pacific oysters.
His "David versus Goliath" battle represents the last chance for information campaigners to force the prince to reveal details of his affairs after attempts under the FoI to secure the release of letters to Ministers were dashed.
Comments
by Slimslad
Saturday, December 15 2012, 12:47PM
“"It will give them time to make sure that certain documents "disappear"..."
Yes, we at Cheltenham are magic. LOL”
by Doitdreckley
Friday, December 14 2012, 5:15PM
“Charles is the same guy wringing his hands about the environment a couple of weeks ago as the bulldozers rip through the fields of east Truro.”
by PaddyTrembath
Friday, December 14 2012, 1:22PM
“youngcornwall wrote:-
""What does the Duchy have to hide?""
That's just it, ask them a "difficult" question, and they refuse to answer. The subject for this latest FOI request is just one example.
youngcornwall wrote:-
".....Until someone comes up with concrete evidence and there has been a court ruling, we will just have to put up with silly comments such has documents disappearing."
Good idea yc, lets take Charles, Duke of Cornwall to court! Oh look, read the article above, and you will see how far that will get. Talk about "silly comments".”
by youngcornwall
Friday, December 14 2012, 12:45PM
“"What does the Duchy have to hide?"
This open ended question is neither here nor there, unless someone has a just reason and knows that the Duchy has something to hide, everything else is just speculation. Until someone comes up with concrete evidence and there has been a court ruling, we will just have to put up with silly comments such has documents disappearing.”
by elfa66
Friday, December 14 2012, 11:29AM
“We can take it from this, that the Freedom of Information Act is not fit for purpose.
On the other hand, you peasants should know your place, and not interfere with the duke getting richer and richer !.”
by Cknocker
Friday, December 14 2012, 11:22AM
“Can someone answer this question: -
How many other private estates in this country are the beneficiary of intestate estates in a particular county?
The answer is quite simply none, anywhere but Cornwall the beneficary is the treasury and with regards to Cornwall it is not anyone on Duchy Land, it is anyone in the county of Cornwall.
That should be proof in itself that the Duchy is a whole lot more than a private estate.”
by cweatherhill
Friday, December 14 2012, 11:18AM
“It will give them time to make sure that certain documents "disappear"........”
by caroclemens
Friday, December 14 2012, 11:07AM
“The Duchy Estate has emerged as one of Cornwall's most unscrupulous developers. Yes, the estates extend far beyond Cornwall but the Duke's ability to influence government, veto legislation and avoid scrutiny stems from his constitutional position in Cornwall. The Duchy must be subject to tight democratic controls.”
by PaddyTrembath
Friday, December 14 2012, 10:52AM
“roger_angove wrote:-
"What does the Duchy have to hide?"
That is a very good question.”
by roger_angove
Friday, December 14 2012, 9:59AM
“What does the Duchy have to hide?
This decision follows on the heels of the decision that Charles' letters in which he attempts to interfere in the process of government cannot be published since (as we may infer from other statements that he has made in public) he is too weak minded to succeed to the monarchy.
Perhaps we should consider taxing the Duchy instead of the proposed robbery of the poorest people in Cornwall to keep 'our' Council in the manner to which they have become accustomed.
http://tinyurl.com/ceehbeb”