Author Archives: Contributor

Did the government promise to abolish upfront fees for FOI? Yes it did!

Did the government promise to abolish upfront fees for FOI? This is an important question but one that seems to have generated confusion. For example: @colettebrowne @fplogue @gavinsblog 2011 manifesto never said charges would be abolished.Said FOI wld be extended — Aoife (@msaoife) November 13, 2013   If the government did promise to abolish upfront… Read More »

The Information Commissioner's 2012 annual report

The Information Commissioner published her annual report for 2012 yesterday. It’s worth a read to see some of the highs and lows of the Freedom of Information and Access to Information on the Environment regimes in Ireland in 2012. One note in relation to AIE caught our eye. The Commissioner in her role as Commissioner… Read More »

Swords -v- OCEI: Was there ever any doubt over search and retrieval charges for AIE?

The recent appeal decision by the Commissioner for Environmental Information highlights that during the previous five years search and retrieval fees have been wrongly charged by public authorities for requests for access to environmental information. The decision also provides a good opportunity to summarise how the provisions of Directive 2003/4/EC relating to fees have been… Read More »

Judge cites NAMA's delay as crucial factor in decision not to grant stay

On Friday the High Court refused to grant a stay to NAMA pending its appeal to the Supreme Court against the February decision of the High Court that NAMA is a public authority and therefore subject to the Access to Information on the Environment Regulations. The power to grant a stay pending an appeal is a discretionary power and… Read More »

Observations on the NAMA AIE judicial review

The experience in court yesterday highlights the unfairness of the judicial review procedure in relation to High Court appeals by public authorities under the Access to Information on the Environment Regulations. Gavin as the requester had no automatic right to be a notice party to the proceedings even though his right of access to information formed the… Read More »