Courts / Dublin / Report

Challenge over Government discussions on climate change to proceed

Summary

The High Court has granted permission to the Dublin-based group Right to Know CLG to proceed with a challenge against the Department of An Taoiseach's refusal to provide documents showing cabinet discussions on climate change. The action follows a decision by a senior official at the Department on June 27th, which refused Right to Know access to 31 documents it had sought. This decision followed an earlier refusal by the Department to grant access to the documents, which show cabinet discussions on climate change and Ireland's greenhouse emissions between 2002 and 2016. Right to Know, which seeks to improve public access to information, applied for access to the documents in March under European Access to Information on the Environment Regulations and EU Directives on public access to environmental information. The Department initially refused access in May, citing cabinet confidentiality. Right to Know sought an internal review, arguing that the Department's initial refusal did not comply with EU law obligations and that the public interest in disclosure outweighs the interest in refusal. Following the internal review, the Department again refused access. Right to Know claims its submissions were not properly considered and that the refusal was unlawful and incompatible with EU law. In his judgment, Mr Justice Raymond Fullam said he was prepared to grant Right to Know permission to bring its action, noting the case concerns the interpretation of EU Directive on public access to environmental information. The case has been brought in the context of the supremacy of European Law over national law. The Judge granted permission to seek an order quashing the June 27th decision and a declaration that the Minister for Environment, Heritage and Local Government is not permitted under EU law to exclude an entire class of documents from disclosure. Permission was also granted to seek a declaration that the review decision did not contain adequate reasons. The application was made ex-parte, and the matter has been returned for a hearing in November.

Who, what, where, when and why

What: Report matter: Challenge over Government discussions on climate change to proceed. Procedural stage: hearing_or_decision

When:

• June 27th Other
• 2002 and 2016 Other
• 2016-10-07 Publication

Why: In May the Department refused access because the documents were subject to cabinet confidentiality. CNI source report

Case subjects

Places mentioned

Topics

Stage Hearing Or Decision

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Read the original CNI report