RR Projects and IDA Ireland

• Court: Commissioner for Environmental Information
• Case Number: CEI/16/0020
• Decision Date: 20 February 2017
• Issuer: Industrial Development Agency (IDA)
• Applied Rules: , European Communities (Access to Information on the Environment) Regulations, 2007

RR Projects and IDA Ireland

From Office of the Commissioner for Environmental Information (OCEI)

Case number: CEI/16/0020

Published on 20 February 2017

1. Background
2. Scope of the Review
3. Analysis and Findings
4. Decision
5. Appeal to the High Court

Background

On 25 February 2015, Apple Inc announced plans to build a €850 million data centre on lands owned by Coillte situated at Derrydonnell, Athenry, Co. Galway. On 10 March 2016, a request was made to IDA Ireland (the IDA) on the appellants' behalf through their former solicitor seeking access under the AIE Regulations to environmental information regarding the IDA's compliance with public participation obligations under the Aarhus Convention in relation to the Derrydonnell data centre project. Requests for access to records relating to the project itself had previously been made to the IDA on behalf of the appellants; access to relevant records had been granted in part and refused in part.

The original request in this case sought three categories of information:

1. All strategic environmental assessments relevant to the Derrydonnell data centre project and the underlying plans, programmes or policies;

2. Information on how the IDA ensures public participation in relation to its activities, plans, programmes and policies which affect or may affect the environment (i.e. matters within the scope of Articles 6 an 7 of the Aarhus Convention); and

3. Information on the specific measures taken by the IDA to ensure that it met its obligations under the Aarhus Convention in relation to Apple's Derrydonnell project.

However, following the IDA's original decision dated 12 March 2016, the appellants sought internal review in relation to category 3 alone on the basis that IDA had not given access to the specific information sought concerning its process for compliance with its public participation obligations "when it provided a 'property solution' to Apple for its proposed data centre in Galway".

In its belated internal review decision dated 10 May 2016, the IDA confirmed that it "did not undertake or manage a public consultation process in respect of the site in Athenry which is of interest to Apple". It explained: "IDA Ireland only undertakes public consultation in regard to lands in cases where we are responsible for developing and utilising the site. Where a client will develop and own a site we act in an advisory capacity to the client." Thus, the IDA effectively refused category 3 of the request under article 7(5) of the AIE Regulations on the basis that no relevant information is held. An appeal was subsequently made to my Office for a review of the IDA's decision.

I have now completed my review of the IDA' decision in this case under article 12(5) of the Regulations. In...