| Access to Register of Extractive Industries |
| FIE has written to the Environmental Protection Agency seeking to have the password restrictions removed from the newly established register of extractive industries. The Register, which much be completed by each local authority by December 31, 2010, must list all mines, quarries, and peat extraction in their areas. However the EPA is not allowing public access to the Register, a clear infringement of the legislation ensuring that any information which impacts on the environment must be made publicly available. Quarries in particular have remained in legal limbo for more than 10 years and this concealment of the extent of the problem can only contribute to the problems of residents across the country. Read the Letter // Read More // |  |
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| Posted By Tony Lowes on 04/08/2010 ( Reads : 40 ) | Comments (0) | Freedom Information |
| Access to Register of Extractive Industries |
The Director,
The Environmental Protection Agency
Johnstown Castle
Co Wexford,
3 August, 2010Re: Request under access to information on the environment legislation (Directive 2003/4/EC)and its implementing Statutory Instrument No 133 of 2007.
Register of Extractive Industries.
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| Posted By Tony Lowes on 04/08/2010 ( Reads : 50 ) | Comments (0) | Freedom Information |
| Settling Access to Information cases |
The Office of the Information Commissioner ruled that a case FIE had taken against the Attorney General was ‘settled' when late into the appeal process the document was released. While provision for settlement exists in the Freedom of Information legislation, the Access to Information legislation requires a decision once a case is begun regardless of the release of the information. FIE believes that in many cases, such as this one, [there were 55 cases settled under FoI this way last year and 2 under Access] the body holding the information knows from the first that they have no grounds to withhold a document but the information is of such sensitivity that they chose to refuse to release it, knowing that most applicants would neither use the internal appeal method or even less pay €150 to have an administrative review. In the unlikely event that an applicant would do so they could then release it without censure for their sustained refusal as a ‘settlement' is reached. Read the file - and comments from members of the EEB Law List. // Read More // | |
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| Posted By Tony Lowes on 18/05/2009 ( Reads : 549 ) | Comments (0) | Freedom Information |
| INFORMATION COMMISSIONER DISALLOWS FEE |
Emily O'Reilly, the Information Commissioner, has disallowed the fee charged by Sligo County Council for providing information on the environment under new Irish Regulations. The Access to Information on the Environment Regulations 2007 (S.I. No. 133 of 2007) came into effect last year. This implements a 2003 European Directive and operates in parallel to the Freedom of Information Act. In a case brought by Open Focus in County Sligo, the organization had asked for the details of waste water and sewage treatment plants in the County. Sligo County Council had sought €285 for providing this information. The Commissioner found that Sligo County Council had failed to make available to the public ‘a list of fees charged, information on how they are calculated and the circumstances under which they may be waived'. The Information Commission also stated that she ‘did not agree' with the Department's Guidelines which permit charging for ‘staff costs connected with searching and retrieving the information'. She had ‘difficulty reconciling this with the Directive's and the Guidelines stricture that that no charge can be made if the requester examines the environmental information in situ'. URL of decision: http://www.oic.gov.ie/en/LatestNews FIE Press Release // Read More // |  |
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| Posted By Tony Lowes on 17/06/2008 ( Reads : 1032 ) | Comments (0) | Freedom Information |
| 1 SEPTEMBER 2007: FIE JOINS NGOS CALLING FOR A BETTER ACCESS CONVENTION |
FIE JOINS NGOS CALLING FOR A BETTER ACCESS CONVENTION FIE is signing a joint NGO letter to the Council of Europe expresssing serious concerns that the current draft of the future European Convention on Access to Official Documents falls below prevailing European and international standards. The Treaty does not even reflect existing good practice in Europe. It fails to meet the Irish standards - even though these have significant failings. See our submission on the Irish Regulations. And see our Press Release when the Regulations were published. Specifically, it fails to guarentee that individuals will have access to an appeals body with meaningful powers to include all official documents held by legislative bodies and judicial authorities or official documents held by natural and legal persons who perform public functions to specify certain basic categories of official documents, such as those containing financial or procurement information, that must be published proactively to define time limits on the exemptions for internal deliberations. The letter will be sent on September 25. Use the 'Read more' to see the letter. Better yet, visit the campaign site and support this work yourself.
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| Posted By Tony Lowes on 01/09/2007 ( Reads : 1198 ) | Comments (0) | Freedom Information |
| 3 MAY 2007: EU COURT RULES AGAINST IRELAND ON ACCESS TO INFORMATION |
| Three days after the Irish Government implemented the European Directive 2003/4/EC on Public Access to Information on the Environment, its delay has been condemned in a ruling by the European Court of Justice.
Today's Judgement states that 'by failing to adopt within the period prescribed the laws, regulations and administrative provisions necessary to comply with the directive, Ireland has failed to fulfil its obligations under the directive.' Costs have also been awarded against Ireland.
SI 133 of 2007, which was published on 1 May, transposes the Directive into Irish law.
However, Friends of the Irish Environment have suggested that the imposition of a €150 fee for an appeal where public bodies refuse to allow any information to be released may infringe the Directive, which states that "any such procedure shall be expeditious and either free of charge or inexpensive."
FIE is also concerned that 'public authorities' are not listed in the Statutory Instrument. 'This leaves the status of organizations like the State Forestry Board, Coillte Teo., in a legal limbo', the group said. Finally, FIE is questioning the requirement that anyone seeking information quote the new legislation. 'There is no such requirement in the Directive and the rights accruing from the legislation should apply whether or not a citizen is aware of the Directive, given the importance of the environment to everyone.'
PRESS RELEASE
TODAY'S JUDGEMENT // Read More // | |
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| Posted By the editors on 03/05/2007 ( Reads : 1361 ) | Comments (0) | Freedom Information |
| 25 JANUARY: Coillte felled in high court action |
| Coillte Teo., the State Forestry Board, settled the Judicial Review brought by FIE Director Tony Lowes in the High Court this week. The action was brought four years ago after Coillte refused to release documents concerning the Millennium Forests project. Under the terms of the Court Order the company has voluntarily agreed 'to fully comply' with requirements of the EU Access to Information on the Environment Directive, although they maintain their position that they are not a public authority.
In a statement, Lowes said that 'the Millennium Forest project was a shameful scam. Less than 10% of those who received a Certificate promising them a tree to treasure for generations will actually have them due simply to the necessary thinning that takes place in a plantation. Coillte's refusal to release any information about the project was a last ditch attempt to cover this up.'
'Coillte Teo is the largest landowner in the State. It has been entrusted since 1988 with more than 400,000 hectares of what was previously State land. Their impact on our environment is enormous, and the public has the right to know what they are doing.'
See the Press Release and the full story behind the case in this Wednesday's Forest Network Newsletter. // Read More // | |
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| Posted By the editors on 25/01/2005 ( Reads : 1546 ) | Comments (0) | Freedom Information |
| Access to Information on the Environment |
| 24 JANUARY: As the new Access to Information on the Environment Directive is due to be implemented in Ireland on 14 February, FIE publishes its recommendations to COMHAR, The National Sustainable Development Partnership, on what changes are needed from the present 1998 Regulations. Based on extensive research and a day long workshop of the country's leading environmental campaigners, the work explains both the function of the Regulations and their relationship to the Aarhus Convention which will greatly extend the public's rights to information and justice.
Read the Report. // Read More // | |
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| Posted By the editors on 24/01/2005 ( Reads : 1864 ) | Comments (0) | Freedom Information |
| Complaint to EU over Freedom of Information fee |
| Re: Proposed Irish fee for making of request for information on the environment under Directive 90/313/EEC // Read More // | |
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| Posted By the editors on 30/08/2003 ( Reads : 1966 ) | Comments (0) | Freedom Information |
