Mr. Michael McCoy and South Dublin County Council

• Case Number: CEI/09/0012
• Decision Date: 27 May 2011
• Issuer: South Dublin County Council
• Applied Rules: Art.7(5), European Communities (Access to Information on the Environment) Regulations, 2007
• Court: Commissioner for Environmental Information

Mr. Michael McCoy and South Dublin County Council

From Office of the Commissioner for Environmental Information (OCEI)

Case number: CEI/09/0012

Published on 27 May 2011

1. Background
2. Scope of Appeal
3. Analysis and Findings
4. Decision
5. 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) (the Regulations)

Applicant/Appellant: Mr. Michael McCoy, Secretary, Dublin Mountain Conservation and Environmental Group, Ballinascorney Upper, Brittas, Co. Dublin.

Public Authority: South Dublin County Council (the Council)

Issue: Whether the Council was justified in its refusal of access to environmental information relating to illegal dumping on specified land at [area] Co.Dublin

Background

The applicant made a request to South Dublin County Council (the Council) for access to information on "all dumping on lands owned by [C and D J of Co. Dublin".]

As no decision was issued by the Council in the required timeframe, the applicant sought an internal review by the Council. In its internal review decision, the Council refused access to the information sought on the basis of Article 9(1)(b) of the Regulations. The decision was then appealed to my Office.

In view of the passage of time since the original request was made and the internal review decision given, my Office asked the Council to consider whether the situation had changed and if the position of the Council remained the same. In response, the Council advised that the relevant file had been closed and it was prepared to release the information to the applicant, subject to the redaction of a limited amount of personal information in some of the records such as personal contact information. The information was released and it was made clear to the applicant that there was no further issue to be determined by my Office. In the absence of confirmation from the applicant the he accepts this to be the position, I have decided to bring this appeal to a conclusion by way of a formal, binding decision. I have taken account of the submissions of the applicant and the Council, the Regulations and Directive 2003/4/EC on public access to environmental information (the Directive).

Scope of Appeal

Under Article 12 of the Regulations, I must review the decision of the Council and affirm, vary or annul it. I emphasise, as I have had to do in other cases, that it is outside of my remit as Commissioner to adjudicate on how public authorities carry out their functions generally. My Office does not have the authority to investigate or to comment upon the applicant's views or the Council's actions in relation to the matters the subject of the original request.

Statutory provisions

Article 7(5) of the Regulations provides:

"Where a request is made to a public authority and the information requested is not held by or for the authority concerned, that authority shall inform the applicant as soon as possible that the information is not held by or for it."

Analysis and Findings

The Regulations and Directive refer to information in the possession of a public authority and produced or received by it....