Access to climate debate documents: EU Judgment in Case C-84/22 Right to Know

Thursday 23rd November

Judgment in Case C-84/22 Right to Know

(Access to Documents – Environment)

On 8 March 2016, Right to Know CLG, a not-for-profit organisation governed by Irish law, made a request to the Irish Taoiseach (Prime Minister) for access to all documents which showed cabinet discussions on Ireland’s greenhouse gas emissions from 2002 to 2016. The Taoiseach (Prime Minister) refused that request in June 2016 following an internal review procedure. Right to Know thereupon brought proceedings before the High Court seeking a judicial review of that decision.

By judgment of 1 June 2018, Right to Know CLG v An Taoiseach ([2018] IEHC 372), the High Court remitted the decision to the Taoiseach (Prime Minister) for reconsideration. The High Court held inter alia, on the basis of a precedent discussed by the parties, that meetings of the Irish Government were to be characterised as ‘internal communications’ of a public authority, with the result that the requirement to disclose records on emissions into the environment did not apply. The Taoiseach (Prime Minister) had, however, failed to weigh the public interest served by disclosure and the interest in confidentiality.

By order of 16 August 2018, the Taoiseach (Prime Minister) granted partial access to the requested documents. Right to Know thereupon made a fresh application to the High Court for judicial review of that second decision. The judge who had delivered the judgment of 1 June 2018 is no longer responsible. The new judge referred the case to the Court of Justice.

The present request for a preliminary ruling seeks to clarify whether records of government cabinet discussions come under either the exception for internal communications, or under the exception for proceedings of public authorities. It must also be considered whether this question may be re-examined at all if it has already been decided in an earlier final judgment on the same request for access.

Background Documents C-84/22