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Access to Information & Enforcement at Member State Level

Áine Ryall

Maastricht, 30 June 2014

@EnvJusticeUCC #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 2010

- High Court ruling - February 2013- 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

http://environmentaljustice.ie/

@EnvJusticeUCC

Mapping the Future of EnvironmentalJustice