Commissioner for Environmental Information

With effect from 1 May 2007, Emily O'Reilly has been assigned the role of Commissioner for Environmental Information (CEI) under the Access to Information on the Environment Regulations (S.I. No. 133 of 2007). The role of the CEI is to decide appeals taken by members of the public who are not satisfied with the outcome of their requests for environmental information. Ms. O'Reilly's new role is in addition to her existing roles as Information Commissioner (under the Freedom of Information Acts) and as Ombudsman.

The Access to Information on the Environment Regulations, made recently by the Minister for the Environment, Heritage and Local Government, give effect in Ireland to Directive 2003/4/EC. The purpose of the Directive is to guarantee the right of access to environmental information held by or for public authorities. The Directive provides for stronger rights of access to environmental information than those provided under a previous 1990 Directive. Specifically, the Irish regulations now provide for a statutory, independent appeals mechanism - provided by the CEI and with the power to make binding decisions - something which was not a feature of earlier arrangements.

The regulations provide for a fee of €150 (reduced to €50 for medical card holders) to be paid by those wishing to appeal. Before the CEI can accept an appeal, the applicant must show that he or she has availed of the right to internal review of the public authority's decision.

We are in the process of creating a website for the Office of the Commissioner for Environmental Information. In the meantime, the texts of the regulations and of the EU Directive, along with a guidance note on the new access regime, are available on this link to the website of the Department of Environment, Heritage & Local Government.