Procedural timing and approach to remittal scrutinised in environmental information dispute

The High Court considered submissions from the parties regarding the process and form of a forthcoming reference to the Court of Justice of the European Union (CJEU) concerning procedural matters in an access to environmental information dispute. The case involved a challenge to the decision-making methods of the Commissioner for Environmental Information, particularly around the timing and nature of a remittal to a public authority for reconsideration. The court clarified that draft judgments circulate only for correcting errors or clarifying process, not relitigating issues, and are not for public distribution. After addressing concerns about the timing and effect of procedural decisions, and correcting some points raised by the commissioner (mostly deemed semantic), the court concluded that the draft judgment for CJEU reference should be amended to better reflect the commissioner’s arguments but maintained its core findings that the manner and timing of remittal did cause delay. The order was for the judgment for reference to be reconfigured accordingly.