Category Archives: AIE

NAMA reply

With the help of a good friend, the reply to the preliminary decision of the Commissioner for Environmental Information is complete. It runs to over 6,000 words, and I believe argues strongly that the Commissioner’s preliminary decision is entirely incorrect, erring both in law and in fact. You can read it here: NAMA Preliminary Decision… Read More »

Is NAMA a public authority?

It seems as though myself and Emily O’Reilly’s office are not seeing eye to eye on this question. Not to say that her staff are anything other than friendly and helpful, they certainly are. We simply appear to be disagreeing on how to read SI133/2007 – the Environmental Information Regulations. As readers of this blog… Read More »

NAMA status – help?

There have been few (no) takers of my offer to any law people out there to help in my reply to the Office of the Commissioner for Environmental Information in relation to the status of NAMA as a public authority. This is disappointing, as the decision is critical to greater transparency for what is one… Read More »

NAMA status

Earlier this year I appealed to the Office of the Commissioner for Environmental Information, arguing that the National Asset Management Agency was a public authority for the purposes of the European Environmental Information Regulations. The OCEI has sent me their preliminary view, were they agree with NAMA, that it is not a “public authority”. Here… Read More »

O’Neill judgment

Back in 2007 Gary Fitzgerald, a junior counsel, sought Cabinet records from the Department of An Taoiseach relating to carbon emissions under the European Environmental Information Regulations. The Department refused release of some records on the basis of constitutional Cabinet confidentiality. The Commissioner for Environmental Information ordered the release of the documents, but An Taoiseach… Read More »

NAMA submission

I have made an additional submission to the Office of the Commissioner for Environmental Information in relation to NAMA’s status as a public authority for the purposes of the European Environmental Information Regulations: NAMA have claimed that they are not a public authority for the purposes of the Directive. However in examining the decisions of… Read More »

NAMA denies status as public body

Further to my request to Anglo Irish Bank under the European Communities (Access to Information on the Environment) Regulations, I simultaneously requested information from the National Asset Management Agency (NAMA). I specifically sought the information under SI133/2007, the transposition of the 2003 Directive into Irish Law. In an email dated February 3, 2010, to NAMA,… Read More »

Anglo Irish Bank – A request for information

Readers will be aware that Anglo Irish Bank was nationalised in January 2009. This came after the bank guarantee scheme of September/October 2009. Anglo became a prescribed body under the Ethics in Public Office Act last summer, which was expanded through a statutory instrument in February 2010 to cover many subsidiaries of the bank. However,… Read More »