Columns Picture here Access to Information & Enforcement at Member State Level Áine Ryall Maastricht, 30 June #AarhusMaastricht

Why is access to environmental information so important? What role does information play in environmental governance? What are the justifications for the right of access to environmental information?

Why is access to environmental information so important? Aarhus Convention: Recitals 7, 8, 9, 10 & 17 – Recital 17: public authorities hold environmental information in the public interest Directive 2003/4/EC: Recital 1

Aarhus Convention & Directive 2003/4/EC Right of access to environmental information held by, or for, public authorities - on request & within specified time frames - subject to certain exceptions, but strong presumption in favour of disclosure

Aarhus Convention & Directive 2003/4/EC Access to justice provisions Right of access to a review procedure where right of access is delayed or denied: Aarhus - Article 9(1), (4) and (5) Directive 2003/4/EC - Article 6

Aarhus Convention & Directive 2003/4/EC Proactive dissemination of environmental information by public authorities is absolutely essential More emphasis on this aspect is needed to underpin the right of access to information

Role & Potential of Social Media

Environmental Justice: Back to Basics Why so important? To ensure the public’s legitimate interests are protected To ensure the law is enforced

Review procedures in Ireland Public authority decision → Internal Review Appeal to Commissioner for Environmental Information Appeal to High Court on a point of law

Commissioner for Environmental Information Problems in practice with appeal procedure - Appeal fee of €150 - Serious delays and resource issues

Commissioner for Environmental Information Problems with how Ireland has transposed Directive 2003/4/EC - mandatory exceptions (?!) - scope of Commissioner’s jurisdiction An Taoiseach [Prime Minister] v Commissioner for Environmental Information [2010] IEHC 241

Commissioner for Environmental Information Implementation challenges - Public authorities charging for access to info. - Definition of “public authority” Is the National Assets Management Agency (NAMA) a “public authority”?

Commissioner for Environmental Information NAMA v Commissioner for Environmental Information [2013] IEHC 86 - Request for info. made by Gavin Sheridan - February High Court ruling - February Appeal to Supreme Court currently being heard - July 2014

Infringement proceedings by EU Commission? Complaint made to Commission by ENGO Friends of the Irish Environment in October 2012 concerning access to information & implementation of Directive 2003/4/EC in Ireland No formal action by Commission against Ireland to date

Aarhus, EU law & Role of the Courts Courts in the spotlight - at EU & national level Gradual evolution of basic principles & emerging trends in the case law

Future Directions Political will to deliver on environmental rights and provide the necessary resources to underpin Aarhus implementation. Aarhus rights must be championed at national level → awareness raising & cultural change to integrate Aarhus successfully into the national system

Future Directions Resource public authorities to deliver and to enforce Aarhus & EU environmental law rights Reduce the need for appeals to Commissioner for Environmental Information and subsequent court proceedings triggered by basic shortcomings in the system of environmental governance

Ongoing Research Project Faculty of Law, UCC Identify key issues & consider potential means of improving access to environmental justice in Ireland Mapping the Future of Environmental Justice