Cabinet discussions on greenhouse gases not immune from obligation to make environmental information available

Judicial review – substantive decision - privilege – cabinet confidentiality – application for access to “all documents which show cabinet discussions on Ireland’s greenhouse gas emissions from 2002 to 2016 refused - European Communities (Access to Information on the Environment) Regulations, 2007 – 2014 and Directive 2003/4/EC on Public Access to Environmental Information – internal review refused the request – did not appeal – issued judicial review – relevant statutory provisions - An Taoiseach v. Commissioner for Environmental Information - whether the respondents are seeking to rely on new legal grounds to justify the review decision-maker’s refusal to disclose, which were not set out in the review decision or in the original decision - whether Government discussions are “internal communications” under Article 4(1)(e) of the Directive, as found by O’Neill J. in An Taoiseach v. Commissioner for Environmental Information – whether the review decision-maker’s invoking of Article 10(2) of the AIE Regulations form a legitimate basis upon which to refuse the requested information – decision-maker should not have interpreted the law as somehow immunising cabinet discussions from the rigors of the Directive - decision-maker was obliged to have regard to the overarching premise of Article 3(1) of the Directive, which provides that requested environmental information “shall” be made available - alleged absence of reasons.