Press release
Annual Review 2024: Media Release
From Office of the Commissioner for Environmental Information (OCEI)
Published on
Last updated on
From Office of the Commissioner for Environmental Information (OCEI)
Published on
Last updated on
70% of appeals made to the Commissioner for Environmental Information in 2024 related to requests for environmental information on forestry.
Speaking on the publication of his Annual Review for 2024, the Commissioner, Ger Deering, said that last year, two public bodies - the Department of Agriculture, Food and the Marine, and Coillte – together received over 1,000 requests under Access to Information on the Environment regulations for information related to forestry. Over 220 decisions of the two public bodies were appealed to the Commissioner for Environmental information.
Access to Information on the Environment (AIE) regulations provide a right for the public to access environmental information held by public bodies such as government departments, local authorities and other State bodies. The Commissioner for Environmental Information reviews decisions made by public bodies on an AIE request.
The requests for forestry information included requests for monitoring records, license inspections and harvesting information.
The Commissioner said that demand for forestry information had increased in recent years and that the Department, Coillte, and all public bodies, should consider all options which would allow for the proactive dissemination of frequently requested material and avoid the need for an AIE request.
The Commissioner added:
“Proactive dissemination of information, without the need for an AIE request, has significant benefits for both the public and public bodies. It significantly reduces the administration required by public bodies to respond to AIE requests, while also allowing those who want to participate in environmental decision-making to do so easily and in an informed manner.”
The number of appeals made to the Commissioner’s Office has risen in recent years with a 139% increase between 2021 and 2023. The Commissioner received 313 appeals in 2024 - down on the 2023 figure of 351.
The Commissioner had drawn attention in previous reports to the number of decisions of public bodies he has had to overturn. There was some improvement in 2024. Of the 168 appeals that went to a binding decision in 2024, the Commissioner overturned the public body’s decision in 66% of cases - a significant reduction on the 2023 figure of 92%. The percentage of cases where the Commissioner affirmed the decision of the public body increased from only 3% in 2023 to 28% in 2024.
The Commissioner for Environmental Information’s Annual Review 2024 contains summaries of some of the decisions his Office made in 2024 including:
Environmental Commissioner directed release of chemical information relating to the Dublin Airport Authority
A member of the public made a request under the Access to Information on the Environment Regulations to Fingal County Council for information relating to PFAS contamination in Dublin Airport. PFAS are Per- and poly-Fluoroalkylated chemicals sometimes used in fire-fighting foam and other equipment. The Council decided to release the information, but the DAA appealed the decision to the Commissioner for Environmental Information in relation to some of the information.
The DAA claimed that access to the information should have been refused under article 9(1)(b) of the AIE Regulations as its release would adversely affect the course of justice. DAA said that “various legal proceedings” related to PFAS contamination had issued in the High Court.
However, the Commissioner directed release of the information. He noted that the fact that information may relate to ongoing legal proceedings does not, in and of itself, establish that its disclosure would adversely affect the course of justice; that DAA had not identified any specific legal proceedings relating to the records; and that the DAA had not attempted to show how the release of the records could adversely affect the course of justice.
The full text of the decision can be found here .
See page 39 of the Commissioner’s Annual Review 2024 (Case ref: OCE-145522-P4V6M2)
Coillte decided to refuse access to information sought under the Access to Information on the Environment (AIE) Regulations relating to certain forestry felling licences granted to Coillte. Coillte said that the information sought included the location of a new Hen-Harrier nesting site which overlapped with the licensed area. It said that the information should be refused under article 8(a)(iii) of the AIE Regulations as its disclosure would adversely affect “the protection of the environment to which that information relates.”
Coillte said that the information was highly confidential and that it only received the information from the Forestry Service for operational reasons.
However, the Commissioner directed that access be given to the information. The Commissioner noted that related information and Felling Licence Application Maps had already been provided to the requester including through a separate AIE request to Coillte. The Commissioner said that the information that was the subject of the request did not contain any additional information that could narrow down the location of the nesting sites.
The full text of the decision can be found here .
See page 27 of the Commissioner’s Annual Review 2024 (Case ref: OCE-133378-G5P8J6)
The Commissioner for Environmental Information’s Annual Review 2024 is available here - Annual reviews
END
David Nutley
Head of Communications
Office of the Commissioner for Environmental Information
086 412 0240
david.nutley@ombudsman.ie
6 Earlsfort Terrace, Dublin 2