A Freedom of Information (FOI) request is a request for access to record(s) made under the Freedom of Information Act 2014, as amended (the FOI Act). Section 11 of the FOI Act grants a statutory right of access for any person, on request, to record(s) held by an FOI body.
This statutory right is subject to certain exceptions. As outlined in Section 6, FOI bodies include:
- Government departments and statutory bodies, and
- Other bodies in receipt of funding from the State
An Access to Information on the Environment (AIE) request is a request for access to environmental information made under the European Communities (Access to Information on the Environment) Regulations 2007- 2018 (the AIE Regulations).
The AIE Regulations transpose EU Directive 2003/4/EC on public access to environmental information (the AIE Directive) into national law.
The AIE Regulations grant a right of access for any person, on request, to environmental information held by or for a public authority. This right is subject to certain exceptions. AIE public authorities, as outlined in Article 3, include Government ministers, local authorities, statutory bodies and other bodies performing public administrative functions or having public responsibilities
Environmental information is widely defined, in Article 3. It includes, for example, information on the state of the elements of the environment and factors likely to affect these elements.
Why are FOI / AIE Requests important?
FOI Requests are important as they give the public “wide and generous access to the documents held by public bodies” to ensure greater openness, transparency and accountability regarding public bodies.
AIE Requests are important because people “have a right to live in a clean environment” and “a comprehensive regime of access to environmental information is one way in which each Member State can vindicate this basic right”.
Are there exceptions to FOI/ AIE Requests?
There are exceptions to the right of access under the FOI Act and AIE Regulations. FOI bodies can refuse FOI requests on administrative grounds, for example where the records do not exist, under Section 15 of the FOI Act.
There are also exceptions where records relate to, for example:
- Government meetings
- Parliamentary, court and certain other matters
- Records relating to law enforcement and public safety, confidential and commercially sensitive information, and personal information
The discretionary grounds for refusal include, for example:
- Where disclosure would adversely affect the course of justice, or commercial/industrial confidentiality, or
- Where the request is manifestly unreasonable or too general
Ireland has committed to amending the AIE Regulations, indicating that there will likely be future changes in this area.
For more information and expert advice, contact a member of our Public, Regulatory & Investigations team.
The content of this article is provided for information purposes only and does not constitute legal or other advice.