Public consultation on proposed amendments to the Access to Information on the Environment (AIE) Regulations 2007-2018

The consultation submissions have been published.

New documents have been added to the Additional background information section.

The aim of this consultation is to gather stakeholder feedback on the draft AIE Regulations.

Here are some suggested questions you might find useful in considering your submission.

1. Should any of the proposed updates outlined be amended? If yes, please provide details of the suggested amendment and why you consider such an amendment to be necessary.

2. Should any other specific part of the Regulations be amended? If yes, please provide details of the suggested amendment and why you consider such an amendment to be necessary.

3. Any other comments on the existing AIE Regulations and their implementation of the AIE Directive 2003/4/EC.

The AIE Regulations form part of a legislative package that implements the first pillar of the Aarhus Convention and transposes the AIE Directive in Irish law. The AIE Regulations, amongst other things, provide a definition of environmental information and outline the manner in which public authorities are required to deal with requests. The AIE Regulations also provide for three levels of review procedure: an internal review; an appeal to the Commissioner for Environmental Information and an appeal to the High Court on a point of law.

In 2020, Ireland committed to amending the AIE Regulations in response to findings of non-compliance by the Aarhus Convention Compliance Committee (ACCC). Informed by a public consultation that took place between February and April 2021, the regulations were reviewed and updated. These updated regulations will ensure Ireland’s continued compatibility with EU law and with the Aarhus Convention.

Additional background information on the AIE Regulations and the Aarhus Convention

• Further information on the Aarhus Convention is available on gov.ie and on the Aarhus Convention website
• The United Nations Economic Commission for Europe (UNECE) has published a document called The Aarhus Convention: Implementation Guide, which provides both a general overview of the principles behind the Convention and a detailed article-by-article analysis of its provisions
• The full title of the AIE Directive, referred to in the public consultation is Directive 2003/4/EC, of the European Parliament and of the Council of 28 January 2003 on public access to environmental information and repealing Council Directive 90/313/EEC
• In November 2020, The Aarhus Convention Compliance Committee adopted findings regarding Ireland’s compliance with the Access to Information pillar of the Aarhus Convention: ACCC/C/2016/141
• The Law Reform Commission's consolidated version of the AIE Regulations is available online
• For further information, please see the Citizens Information website

The closing date for submissions has been extended to 5.30pm Monday 8 January 2024

Submissions should be sent by email to aarhus@decc.gov.ie or by post to:

Public consultation on proposed amendments to the Access to Information on the Environment (AIE) Regulations 2007-2018

Department of the Environment, Climate and Communications

29-31 Adelaide Road

Dublin 2

D02 X285

We are committed to engaging with stakeholders in a clear, open and transparent manner. Any person or organisation can make a submission in relation to this consultation. We will consider all submissions and feedback before we publish the final version of the Regulations.

Your response to this consultation is subject to:

• the Freedom of Information Act 2014 (FOI)
• the Access to Information on the Environment Regulations 2007-2018 (AIE)
• the Data Protection Act 2018

Publishing of responses

We intend to publish the contents of all submissions received to our consultations on our website. We will redact (remove) personal data before publication.

Please indicate any sensitive information

In responding to this consultation, clearly indicate where your response contains any information which you would not wish to be released under FOI, AIE or otherwise published. This can include:

• personal information
• commercially sensitive information
• confidential information

Read our Data Privacy Notice

We would like to draw your attention to our Data Privacy Notice which explains:

• how and when we collect personal data
• why we do so
• how we treat this information
• your rights in relation to the collection of personal information
• how you can exercise those rights

Industry Submissions

Group/Organisation Submissions

Public Bodies Submissions

Individual Submissions