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Public body exempt from freedom of information could not rely on statutory confidentiality in respect of environmental information
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High Court, in answer to questions put by the Commissioner for Environmental Information in a pending appeal: (a) determines that where environmental information was sought from public bodies under the relevant legislation, the statutory protection of confidentiality in freedom of information legislation extended to the information sought; (b) where a public body was stated to be an 'exempt agency' in respect of the freedom of information legislation, it could not rely on the statutory protection of confidentiality; and (c) the freedom of information legislation had no implication for the confidentiality of a body that was not subject to the legislation.
Commissioner for Environmental Regulation - questions of law - Regulation 12(9)(a) of the European Communities (Access to Information on the Environment) Regulations 2007-2018 - whether Coillte, a state body, could rely on 'confidentiality of public authorities' as provided for in Freedom of Information Act 2014 - whether such confidentiality could be relied upon in relation to environmental information - public body not subject to freedom of information - Directive 90/313/EC on freedom of access to information on the environment - Aarhus Convention - reformulation of questions by the court - answer to questions 'generally and without reference to particular facts'.
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