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High Court refuses application for judicial review, finding that there was no merit or substance in the application, where: (a) there had been, in fact, no refusal to provide the information sought where the applicant had been asked under which statutory regime the request was being made; (b) the relevant Directive required practical arrangements to be put in place for ensuring the right of access to environmental information and, far from being a restriction, a request by the public body as to the statutory regime under which a request is being made actually assists in the provision of information; and (c) the provisions of the relevant statutory instrument were, accordingly, not ultra vires the powers of the Minister.
Application for judicial review of refusal to undertake an internal review concerning a decision allegedly refusing access to environmental information - declarations also sought that the European Communities (Access to Information on the Environment) Regulations 2007 ('the AIE Regulations') impose an obligation on a party making a request for environmental information that is not permitted and/or required by the AIE Directive and are therefore ultra vires - alleged refusal to give access to information was email in reply to request seeking clarification as to whether the request was made pursuant to the Freedom of Information Act 2014 or the AIE Regulations as different teams dealt with the requests - whether there was any such refusal - whether an obligation to state the statutory regime under which information is sought is in breach of the AIE Directive and therefore unlawful.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
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