Access to Information on the Environment (AIE) - Appeals
If you consider that your original request for environmental information has been either wholly or partially refused, or if you believe it has not been properly dealt with in accordance with the provisions of the AIE Regulations 2007-2014, you may request an internal review of the decision. This request must be made within one month of the original decision having been notified to you.
Article 11 of the Regulations establishes the right to internal review of initial decisions made by a public body. The Act requires that an internal review must:
- be undertaken at a higher level than that at which the original decision was taken
- be completed within one month from receipt of the request for a review
- uphold, annul or vary the original decision.
If no decision is made on your internal review, within one month, non-reply is deemed to be a refusal and the applicant may proceed with an appeal to the Information Commissioner.
Review by Information Commissioner
Article 12(3) of the AIE regulations provides for a right of appeal to the Commissioner where, under the internal review provisions of Article 11, the original decision of a public authority has been affirmed in whole or part. The Office reflects key features of the independent appeals system under FOI in terms of:
- powers to seek documents and compel witnesses
- a mandate to operate informally
- decisions binding, subject to review by the High Court and Supreme Court
- specific time limits
- a mandate to review operation of the Act (including the operation of particular provisions) and compliance by public bodies
- reporting directly to the Houses of the Oireachtas
How to contact the Information Commissioner
The Office of Information Commissioner may be contacted at the following address:
Further contact details and information on the Commissioner’s Office are contained on the OCEI website at www.ocei.ie.