No 'merit or substance' in NGO's action over alleged refusal to provide it with information

Right to Know CLG had challenged what it said was the refusal to provide it with documents relating to strategic environmental and appropriate assessments required for the NDP.

There was "no merit or substance" in a non-governmental organisation's challenge over what it alleged was the refusal of An Taoiseach to provide information on environmental assessments of the National Development Plan (NDP), the High Court has ruled.

Right to Know CLG, which advocates increased rights of access to public information, had challenged what it said was the refusal to provide it with documents relating to strategic environmental and appropriate assessments required for the NDP.

Mr Justice Charles Meenan today dismissed its action against the Taoiseach and the Minister for Communications, Climate Action and Environment.

He said there was "no factual basis" to the Right to Know action seeking to quash what it said was the Taoiseach's September 2018 refusal to carry out an internal review of a decision the previous month to refuse the information.

It also sought declarations that EU access to information regulations imposed an obligation to provide the information and that the transposition of those regulations into Irish law was unconstitutional. It further sought, if necessary, a preliminary reference on the matter of the Court of Justice of the EU.

The defendants opposed the challenge.

Mr Justice Meenan said in email correspondence, the Taoiseach's office sought clarification of whether Right to Know was making an access to information request or a Freedom of Information request.

Aoife Joyce, assistant principal officer in the Taoiseach's office had told the court in an affidavit that at all times the office was willing to process the request and simply wished to know which regulations or law the request was under, the judge said.

"It is clear to me there was in fact no refusal to provide the environmental information sought", the judge said. The Taoiseach's office request was seeking a clarification of which statutory process was being relied upon because different procedures apply to each, he said.

He was satisfied the regulations represented the lawful transposition of the EU Directive into Irish law.