Dublin Airport’s authority, the daa, has lost a case where it sought to withhold access to records over discussions on the use of private jets.
Using the AIE Regulations, Right to Know had sought copies of any representations received by the daa over proposals for ending business aviation flights at Dublin Airport.
In a decision, the daa refused access to seven records saying the records were confidential and that they related to the “course of justice.”
The decision is one of many where Dublin Airport’s management has sought to apply a blanket exclusion to all records relating to the controversial passenger cap at the airport.
In seeking review, we specifically asked the Commissioner for Environmental Information (CEI) to make a binding decision rather than send it back to the daa.
However, the CEI has given the daa another chance to make a proper decision, something we believe is being used by management of Dublin Airport in a tactical way to frustrate requests for environmental information.
Nonetheless, the decision does make clear the daa cannot withhold all records on the passenger cap.
The decision said: “I must remind daa that the fact that information may relate to ongoing legal or statutory proceedings does not, in and of itself, establish that its disclosure would adversely affect the course of justice; otherwise the AIE Regulations would provide for a class-based exemption for such information, which they do not.”
It also highlighted the very poor quality of the daa decision and the “distinct lack of reasons” provided for claiming the records were confidential.
The CEI was critical too of the application of a time extension by the daa in a case where just a small number of records were involved.
The investigator wrote: “[The daa] has not given an explanation as to why it considers this a complex request, and neither the original decision or internal review decision give any indication as to why this
would be the case.”
Sidenote: For almost all requests made to the daa, extensions are being sought no matter how much or little information is involved.
You can read the full decision below: