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Court of Appeal allows appeal and overturns decision of the High Court refusing to grant an order of certiorari of a decision of the respondent that the appellant's request for information did not fall into the category of "environmental information", on the grounds that: (a) the respondent was incorrect in considering that the information in itself must be shown to be information affecting or likely to affect the environment when the correct question was whether the measure, i.e. the sale of the lands, itself is capable of affecting the environment; (b) the fact that the purchaser of the lands would not have an unconstrained entitlement to fell trees or that a felling licence would be required before there could be any significant interference with the forest did not warrant the decisive weight accorded to it by the respondent or justify the conclusion on whether it was environmental information; (c) the approach taken by the respondent in deciding the appeal on the basis of the absence of any direct evidence of the purchaser’s intentions for the use and/or development of the lands was unduly restrictive; and (d) the respondent failed to properly discharge his functions by failing to consider the information provided by the Notice Party in the course of the appeal before him.
Collins J (nem diss): Judicial review - access to information on the environment - appeal of a decision of the High Court refusing to grant an order of certiorari of a decision of the respondent - United Nations Economic Commission for Europe (UNECE) Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters (Aarhus Convention) - Council Directive 90/313/EC of 7 June 1990 - European Directive 2003/4/EC on public access to environmental information ("AIE Directive") - access to environmental information under the AIE Regulations - whether certain information sought by the first appellant relating to the sale by a commercial forestry business owned by the State (Coillte) of its leasehold interest in 402.92 hectares of land is environmental information - appellant sought an answer to 8 questions relating to the sale of the leasehold interest - following an internal review, it was communicated to the appellant that the information sought would not be provided as it did not fall into the various categories of "environmental information - the appellant appealed that decision to the respondent under Article 12(3)(a) of the AIE Regulations - the respondent noted that while the new owner might not continue Coillte’s policy of open public access and might apply for a licence to fall some or all of the trees on the land, such concerns did not mean that information on the land sale, in itself, constituted “environmental information”for the purposes of the AIE Regulations - the respondent ultimately concluded that the information sought in categories 3-7 was not “environmental information” within the meaning of the AIE Regulations - appellant instituted judicial review proceedings - trial judge stated that she could not see how the information in categories 3–7 could fall within any of the categories of “environmental information” - whether the High Court Judge erred in concluding that information sought in categories 3-7 of the request did not constitute “environmental information”within the meaning of the AIE Directive and Regulations - Court of Appeal noted that the nature of proceedings before the respondent under the AIE Regulations are inquisitorial rather than adversarial in nature - Court of Appeal takes the view that the respondent’s conclusion that categories 3–7 do not constitute “environmental information” was flawed and must be set aside - appeal allowed - Court of the view that subject to hearing the parties, the appeal in respect of categories 3-7 should be remitted to the respondent for reconsideration - parties invited to make submissions on consequential issues that arise.
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