Right to Know CLG v Commissioner for Environmental Information & Ors (Unapproved) [2022] IESC 19 (29 April 2022)

Right to Know CLG v Commissioner for Environmental Information & Ors (Unapproved) [2022] IESC 19 (29 April 2022)

The President of Ireland, the Office of the Secretary General to the President, and the Council of State are not subject to the AIE Regulations or Directive as 'public authorities' due to the absolute constitutional immunity conferred by Article 13.8.1°, which precludes any judicial or administrative scrutiny of the President's functions. This immunity extends to supporting offices and cannot be displaced by EU law. The OSGP does not have separate legal personality and cannot be sued. Any attempt to review or compel disclosure from these entities would amount to an impermissible direct or collateral challenge to the President's immunity.

Citation
[2022] IESC 19
Parties
Appellant/respondent: Right to Know CLG; Respondent/respondent: Commissioner for Environmental Information; Respondents/appellants: Minister for Communications, Climate Action and the Environment, Ireland and the Attorney General; Notice Party: Office of the Secretary General to the President (OSGP)
Jurisdiction
Ireland
Judgment Date
29 April 2022
Procedural Posture
Statutory Appeal (environmental Information Access) / Supreme Court Judgment on Appeal From High Court
Outcome
Appeal allowed. The President, OSGP, and Council of State are not subject to the AIE Regulations or Directive. No relief may be sought against the OSGP. The High Court decision is overturned to the extent it held otherwise.
Legal Topics
Presidential Immunity, Access to Environmental Information, Separation of Powers, Transposition of EU Directives, Definition of Public Authority, Judicial Review, Constitutional Interpretation
Constitutional Law Administrative Law European Union Law Environmental Law Presidential Immunity Access to Environmental Information Separation of Powers Transposition of EU Directives +3 more

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Parties

Right to Know CLG

Appellant/respondent

Commissioner for Environmental Information

Respondent/respondent

Minister for Communications, Climate Action and the Environment, Ireland and the Attorney General

Respondents/appellants

Office of the Secretary General to the President (OSGP)

Notice Party

Procedural Posture

Statutory Appeal (environmental Information Access) / Supreme Court Judgment on Appeal From High Court

Legal Issues

  1. 1 Whether the President of Ireland, the Office of the Secretary General to the President, and the Council of State are 'public authorities' subject to the AIE Regulations and Directive
  2. 2 Whether constitutional immunity under Article 13.8.1° precludes judicial or administrative review of the President's functions
  3. 3 Whether EU law (AIE Directive) requires a relaxation of presidential immunity for access to environmental information

Ratio Decidendi

The President of Ireland, the Office of the Secretary General to the President, and the Council of State are not subject to the AIE Regulations or Directive as 'public authorities' due to the absolute constitutional immunity conferred by Article 13.8.1°, which precludes any judicial or administrative scrutiny of the President's functions. This immunity extends to supporting offices and cannot be displaced by EU law. The OSGP does not have separate legal personality and cannot be sued. Any attempt to review or compel disclosure from these entities would amount to an impermissible direct or collateral challenge to the President's immunity.

Court Disposition

Appeal allowed. The President, OSGP, and Council of State are not subject to the AIE Regulations or Directive. No relief may be sought against the OSGP. The High Court decision is overturned to the extent it held otherwise.

Orders

  • No order may be made against the Office of the Secretary General to the President as it is not a legal entity.
  • Requests for information against the President, OSGP, and Council of State are precluded by constitutional immunity.