Category Archives: Costs

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 »

First protective costs order under Aarhus Convention granted by High Court

Hedigan J granted a protective costs order to an applicant wishing to use Section 160 of the Planning and Development Act to prevent alleged unauthorised development at a waste facility close to her home. Protective costs orders originate from Article 9 of the Aarhus Convention which provides that litigation in certain environmental matters should not… 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 »

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 »

"…I'm simply not prepared to sign off on a proposal that provides that a blanket sum is handed out irrespective of whether the sum has been incurred or not."

In the early days of this blog we covered Oireachtas members’ expenses quite a bit. Using documents we’d FOId we calculated the average weekly, daily and hourly claims the top three ‘spenders’ were making. The Sunday Tribune published a double-page spread using the documents, and the Daily Mail mentioned the calculations. It made a bit… Read More »