Mr. Cian Ginty and Irish Rail

• Case Number: CEI/10/0018
• Decision Date: 24 June 2011
• Issuer: Irish Rail
• Applied Rules: Art.3(1), European Communities (Access to Information on the Environment) Regulations, 2007
• Court: Commissioner for Environmental Information

Mr. Cian Ginty and Irish Rail

From Office of the Commissioner for Environmental Information (OCEI)

Case number: CEI/10/0018

Published on 24 June 2011

1. Summary of Commissioner's Decision:
2. Background
3. Scope of Review
4. Analysis and Findings
5. Decision
6. Appeal to the High Court

Appeal to the Commissioner for Environmental Information

European Communities (Access to Information on the Environment) Regulations 2007 (S.I. No. 133 of 2007)

Appellant: Mr. Cian Ginty (the appellant)

Public Authority: Irish Rail, Connolly Station, Dublin 1

Issue: Whether Irish Rail was justified in its refusal of access to environmental information sought by the appellant.

Summary of Commissioner's Decision:

In accordance with article 12(5) of the Regulations, the Commissioner reviewed the decision of Irish Rail and found that it was not justified in refusing the request. She found that the information sought is environmental information and, as none of the exceptions provided for in the Regulations apply, the information should be released. She annulled the decision and directed the release of the information.

Background

The applicant made a request under the Access to Information on the Environment Regulations, 2007 (S.I. No 133 of 2007) (the Regulations) to Irish Rail on 11 June 2010 seeking "a list of all current speed restrictions in the Irish Rail network, and any reports directly related to these speed restrictions." In its original decision of 23 June 2010, Irish Rail stated that the information requested was not "environmental information" and therefore not subject to the Regulations. The applicant sought an internal review of that decision on 13 July 2010. In its internal review decision of 2 September 2010, Irish Rail affirmed the original decision. The applicant then appealed to my Office on 2 September 2010. My investigator asked Irish Rail to identify the information relevant to the request. Four items were identified, as follows:

1. Extracts from the Working Timetable.

2. Weekly Circular

3. Weekly TSR Report (Temporary Speed Restriction)

4. TSR Database Master - relevant extract from excel spreadsheet.

Irish Rail and the appellant have made submissions to my Office and my Investigator sent her preliminary views to both parties.

Scope of Review

This review is concerned solely with whether Irish Rail's decision to refuse the request was justified under the Regulations. I am satisfied that the request relates to both the permanent speed limits on the railways and any temporary speed restrictions in place.

Analysis and Findings

Legal Provisions

I consider it useful to set out the provisions of the Regulations which are relevant to this appeal.

Article 3(1) of the Regulations defines "environmental information" as

"any information in written, visual, aural, electronic or any other material form on-

(a) the state of the elements of the environment... and the interaction among these elements,

(b) factors, such as substances, energy, noise, radiation or waste, including radioactive waste, emissions, discharges and other releases into the environment, affecting or likely to affect the elements of the environment,

(c) measures (including administrative measures)...designed to protect those elements,

(d) reports on the implementation of environmental legislation,

(e) cost benefit and other economic analyses......referred to in paragraph (c), and

(f) the state of human health and safety ... conditions of human life, cultural sites and built structures ...affected by the state of the elements of the environment...or through those elements, by any of the matters referred to in paragraphs (b) and (c);".

Art 10(1) provides as follows:

"(1) Notwithstanding articles 8 and 9 (1)(c), a request for environmental information shall not be refused where the request relates to information on emissions into the environment."

Art 11(2) and 11(3) provide as follows:

"(2) Following receipt of a request for a review under sub-article (1), the public authority concerned shall designate a person unconnected with the original decision whose rank is the same as, or higher than, that of the original decision-maker to review the decision and that person shall—

(a) affirm, vary or annul the decision, and

(b) where appropriate, require the public authority to make available environmental information to the applicant, in accordance with these Regulations.

(3) A decision under sub-article (2) shall be notified to the applicant within one month from receipt of the request for the internal review."

Handling of Internal Review request by Irish Rail

Article 11 of the Regulations sets out how an internal review request should be dealt with by a public authority. Article 11(3) provides that an internal review decision...