Court: Group claims records vital to scrutinise 'environmental impacts' of agri policy

Friends of the Irish Environment has launched a High Court challenge to secure the release of records which it believes "are vital to public scrutiny of the environmental impacts of agricultural policy".

The challenge by the national environmental charity revolves around four records relating to Food Vision 2030.

Back in August 2021 the charity had asked the Department of Agriculture, Food and the Marine (DAFM) to access information which included copies of the cabinet minutes recording the government’s consideration of Food Vision 2030 and any other records or government decisions in relation to Food Vision 2030.

DAFM refused access to four records it had identified as relevant to the environmental charity's request.

It had also highlighted that the records came under Article 28.4.3 of the constitution, which "concerns the confidentiality of discussions at meetings of the government".

Friends of the Irish Environment subsequently referred DAFM's decision to the Commissioner for Environmental Information, Ger Deering, who ruled in August of this year that releasing the records in question would "contribute to a greater awareness of environmental matters".

The commissioner also decided that there should be a "partial disclosure" of record one while records two, three and four "are to be released in full".

Court

However Friends of the Irish Environment (FIE) has now launched High Court proceedings because it stated that while portions of some records have been disclosed others had been "redacted".

Tony Lowes, a director of the environmental charity, said: “Food Vision 2030 is subject to intense public interest because it was adopted following procedures under both the Strategic Environmental Assessment Directive and the Habitats Directive.

"With agriculture responsible for over a third of Ireland’s greenhouse gas (GHG) emissions and 99% of all ammonia pollution, open access to the government’s reasoning and evidence is critical for environmental oversight and informed debate.”​

The Friends of the Irish Environment is calling on the High Court to annul the commissioner's decision and if his refusal "adequately considers public interest, and whether constitutional cabinet confidentiality should override EU transparency requirements".

According to the charity "full and prompt disclosure is essential not only for legal compliance but also for the public and stakeholders to engage meaningfully with environmental decision-making".

It also believes the court case will "clarify crucial aspects of environmental governance and the right to information in Ireland".

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