Access to information on the environment (AIE)

Access to Information on the Environment (AIE)

The European Communities (Access to Information on the Environment) Regulations 2007–2014 give you the right to access environmental information held by the Courts Service (S.I. No. 133 of 2007, S.I. No. 662 of 2011, S.I. No. 615 of 2014).

Obligations on public authorities

Environmental information held by, or for, a public authority must be made available on request, subject to certain exceptions. We aim to respond within 20 working days. If the request is complex or voluminous, we will write within that timeframe to tell you when a decision will issue. If we do not hold the information, we may transfer your request or advise you where to direct it, and we will notify you.

What counts as environmental information

“Environmental information” includes (in any format):

• The state of elements of the environment (air, water, soil, land, landscape, natural sites, biodiversity, GMOs) and their interactions.
• Factors affecting those elements (substances, energy, noise, radiation, waste, emissions, discharges, releases).
• Measures/activities (policies, laws, plans, programmes, agreements) affecting or protecting those elements/factors.
• Reports on implementation of environmental legislation.
• Economic analyses/assumptions used in such measures/activities.
• Human health and safety, living conditions, cultural sites and structures, insofar as they are affected by the above.

Court records under AIE

All records created in relation to court proceedings are “court records” and are under the control of the courts/judiciary. Under Article 3(2) of S.I. No. 133 of 2007, a “public authority” does not include any body when acting in a judicial or legislative capacity. AIE therefore does not apply to court records. (See also section 65 of the Courts Officers Act 1926.)

Information not available under AIE

AIE does not apply where information is available under another statutory provision. If what you seek is not environmental information and is not already public, you may submit a request under the Freedom of Information Act 2014. For queries, see FOI contact details.

How to make an AIE request

Your request should:

• State that it is made under the AIE Regulations.
• Include your contact details.
• Describe the environmental information sought and your preferred form/manner of access.

Fees

There is no fee to make an AIE request or for internal review. Charges may apply for supplying information (e.g. staff time to compile, copying/printing/postage). Any charges will be set out in the decision letter.

Appeal to the Commissioner for Environmental Information currently costs €50 (or €15 for medical card holders/dependants or third-party appellants). See the OCEI website for details.

Grounds for refusal

A body acting in a judicial or legislative capacity may refuse access (Article 3(2)). There are also mandatory (Article 8) and discretionary (Article 9) refusal grounds. Public authorities must apply the public interest test and Article 10 considerations when deciding on release.

Appeals

Internal review: Under Article 11, you may seek an internal review within one month of the original decision, or if no decision issues within the statutory timeframe. A different staff member will reconsider the request and will issue a written decision within one month.

Appeal to the OCEI: If you are not satisfied after internal review, you may appeal to the Commissioner for Environmental Information within one month of the internal review decision (the Commissioner may extend this time limit). See www.ocei.ie.