Access to Environmental Information in Ireland: Implementation Challenges

This article explores the limits of the discretion left to Member States under Directive 2003/4/EC on public access to environmental information and considers a range of issues relating to implementation and enforcement. Ireland is deployed as a case study to demonstrate the substantial challenges involved in delivering the rights created in the Directive. Particular attention is devoted to the role of the Commissioner for Environmental Information who is charged with resolving information disputes. Five years after the deadline for transposition, analysis of the Irish experience reveals a minimalist approach to the Directive, as well as serious deficiencies in practical implementation.