Appeal expected after court dismisses agency’s claim not to be a public authority

An appeal to the Supreme Court is expected arising from a judgment yesterday that the National Asset Management Agency (Nama) was a public body for the purposes of a European regulation that provides for public access to environmental information. 

The ruling by Mr Justice Colm Mac Eochaidh is viewed as having implications for a range of public bodies. It has no implications for the Irish freedom of information law, which is due to be changed as part of a process that will include Nama coming under its umbrella for the first time. 

The basis for Nama’s claim that it was not a public authority within the meaning of the European regulation was “absurd”, Mr Justice Mac Eochaidh said in his judgment. 

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 IRELAND is ranked 43rd out of 93 countries for the effectiveness of its freedom of information (FoI) law.

The study was carried out last year by Access Info Europe and the Centre for Law and Democracy, two organisations that campaign for increased transparency by governments.

Ireland is rated behind Bangladesh, Moldova, Hungary and Kyrgyzstan in the league with a score of 86. Serbia is the top–ranked country with a score of 135 on the 2012 Global Right to Information Rating (GRIR). Austria comes last with a score of 39. The United Kingdom’s FoI law is rated 25th in the table with a score of 99.

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Information commissioner is breaching legislation by taking more than four months to rule on requests

THE state is regularly breaching the Freedom of Information Act (FoI), by failing to decide appeals made to an independent arbitrator within the four–month period prescribed by law.

New figures obtained by The Sunday Times show just 19.5% of 200 cases dealt with by the Office of the Information Commissioner (OIC) were decided within four months last year.

The OIC, which rules on appeals when state bodies decide not to release documents under FoI, is taking up to four years to decide on cases.

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The Government has admitted that the cost of appealing Freedom of Information (FoI) requests is a “deterrent” to accessing data from public bodies.

It has pledged to reduce the “very high levels” of fees for appealing decisions from €75 and €150 to €30 and €50 as part of its “commitment to greater openness, transparency, and accountability”. Brendan Howlin, the reform minister, yesterday announced details of the extension of the FoI Act agreed by Cabinet on Tuesday. The legislation is expected to be passed through the Oireachtas in the autumn, allowing the public to access information from a number of public bodies previously entirely outside of the scope of the act including:

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Information Commissioner Emily O’Reilly has called on the Government to speed up election promises made to voters to introduce major reforms and extensions to freedom of information legislation.
She claimed both Fine Gael and Labour had traded on their vows to restore the FoI Act to its pre–2003 state when seeking support during last year’s general election campaign.

“They have talked the talk and now they need to walk the walk.”

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University teachers have expressed concern at a warning of possible prosecution issued to an academic at NUI Maynooth. The warning relates to the inquiry into the Corrib gas protest tapes: THE IRISH Federation of University Teachers has expressed serious concern about a warning of possible prosecution issued to an academic at NUI Maynooth by the Garda Síochána Ombudsman Commission.
The warning relates to alleged "obstruction" of the Garda Ombudsman's continuing inquiry into taped comments made by gardaí after a Corrib gas protest on March 31st last.

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The most interesting battles are being fought, not over constitutional structures, but around the freedom to access and disseminate information.

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TAOISEACH Brian Cowen's department is accusing Information Commissioner Emily O'Reilly of exceeding her powers and acting in breach of the Constitution, legal documents reveal.

Mr Cowen's department is going head-to-head with Ms O'Reilly in a keenly anticipated case in the High Court in the new year.

The Government has launched a High Court challenge to protect Cabinet confidentiality after Mr Cowen's office was ordered to release a secret document on greenhouse gases to a Green party local election candidate.

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TAOISEACH Brian Cowen's department is accusing Information Commissioner Emily O'Reilly of exceeding her powers and acting in breach of the Constitution, legal documents reveal.

Mr Cowen's department is going head-to-head with Ms O'Reilly in a keenly anticipated case in the High Court in the new year.

The Government has launched a High Court challenge to protect Cabinet confidentiality after Mr Cowen's office was ordered to release a secret document on greenhouse gases to a Green party local election candidate.

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SLIGO hosted a global gathering last week, which involved more than 70 people from 43 different countries.

The Access Initiative (TAI), an international organisation which works to provide people with access to government information and decision making, held its annual Global Gathering at IT Sligo.

TAI is the world's largest network of civil society organisations working to ensure that people have the right and ability to influence decisions about the natural resources that sustain their communities. The Global Gathering brings together members of TAI.

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THE TAOISEACH'S office is to launch a High Court case in an effort to protect cabinet confidentiality and prevent a document on greenhouse gas emissions being released to the public.

Brian Cowen confirmed that he would be challenging a landmark decision by Emily O'Reilly, the information commissioner, which ordered his office to release secret cabinet papers under an EU directive on open access to information on the environment.

The move will cost the taxpayer hundreds of thousands of euros as the state will have to finance both sides of the case.

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THE TAOISEACH'S office is to launch a High Court case in an effort to protect cabinet confidentiality and prevent a document on greenhouse gas emissions being released to the public.

Brian Cowen confirmed that he would be challenging a landmark decision by Emily O'Reilly, the information commissioner, which ordered his office to release secret cabinet papers under an EU directive on open access to information on the environment.

The move will cost the taxpayer hundreds of thousands of euros as the state will have to finance both sides of the case.

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A REDUCTION in the cost of freedom of information requests was demanded by Fine Gael leader Enda Kenny. Mr Kenny said the 10,704 requests received by the Office of the Information Commissioner last year represented a 42 per cent decrease, or 7,739, on 2003.

"The reason given was the introduction of fees," said Mr Kenny.

Mr Kenny said the commissioner had requested, on a number of occasions, that the scale and structure of fees be reviewed.

Among eight comparable jurisdictions, Ireland was one of only two that charged for freedom of information appeals. The charge in Ontario, Canada, was €16, compared to the Irish fee of €150.

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THE iron rule barring the release of Cabinet papers for 30 years has been smashed by green campaigners.

An EU directive allowing access to documents relating to pollution has been judged superior to the Constitutional doctrine of Cabinet confidentiality by the Information Commissioner.

In a landmark ruling, the commissioner ordered environmental papers, historically reserved for ministerial eyes only, be released to a Green Party activist.

Green council candidate Gary Fitzgerald's bid for access to Cabinet discussions on greenhouse gas emissions overturns secrecy rules and paves the way for other classified documents to be made available to citizens almost immediately after being seen by ministers.

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THE GOVERNMENT should abolish charges for Freedom of Information requests in a move to reduce barriers to public information, the OECD review suggests.

In a section on "transparency of decision-making", it also says the scope of the 1997 Freedom of Information Act should be extended to cover a wider range of State agencies, such as vocational and educational committees.

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FREEDOM of information fees should be abolished and a register of lobbyists set up to promote "open government", the Labour Party urged yesterday.

Some State bodies are still charging up to €5,000 for the release of information, while the activities of many lobbyists for powerful commercial interests and trade associations are still carried out in secrecy.

Yesterday, the party unveiled three pieces of draft legislation which, it said, would keep the public better informed about how public bodies made their decisions.

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The European Commission has taken the first step of legal action against Sweden for having given public access to a confidential document - a move that could ultimately see Stockholm defending its traditional policy of transparency in EU courts.

Late last month the commission sent a formal letter to the Swedish authorities asking for explanation as to why environment group Greenpeace in 2005 got access to a document about a new type of genetically modified corn feed to be launched by Monsanto - the world's leading producer of biotech seeds.

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