1. Christopher Campbell 25 June 2015
Appeals to the Office of the Commissioner for Environmental Information
Christopher Campbell
25 June 2015

2. Access to Environmental Information
Aarhus Convention of 1998 (UNECE)
EU Directive 2003/4/EC
Incorporated in Irish law by way of statutory instruments: European Communities (Access to Information on the Environment) Regulations
United Nations Economic Commission for Europe
Aarhus – three main rights: access to information on the environment, public participation in environmental decision making, access to justice

3. What is “environmental information”?
Information held by a “public authority” in written, visual, aural, electronic or any other material form falling within six categories, including:-
State of the environment, state of human safety, pollutants, legislative or administrative measures relating to the environment, reports and analyses.

4. Establishment of the OCEI
Article 12 of the Regulations (May 2007)
Role assigned to the holder of the office of Information Commissioner
Legally separate & independent; but see Article 12(10)

5. Functions of the Commissioner
Article 12(5) of the Regulations
Review decisions of public authorities
Affirm, vary or annul the decision concerned, specifying the reasons
Where appropriate, require the public authority to make available environmental information
Decisions are final & binding unless appealed to the High Court
And, technically, that’s it – limited remit

6. Notable Cases Gavin Sheridan and NAMA
Journalist used AIE regime to request records disclosing NAMA assets and loans. Commissioner found that NAMA is a “public authority”. High Court agreed. Supreme Court pending.
Gavin Sheridan and Dublin City Council
The Commissioner found that a contract providing for transfer of waste collection service is environmental information

7. Number of Appeals

8. For Further Information