Brian Cowen (Laois-Offaly, Fianna Fail)

The Information Commissioner found that the directive on public access to environmental information does not contain any provisions that enable Cabinet discussion on emissions into the environment to remain confidential. In her view, the regulations that transpose the directive, as well as the provisions in the Constitution in respect of Cabinet confidentiality, conflict with the directive. In these circumstances, she considers that the directive's provisions should have direct effect.

We have been directed to release our record, which contains details of discussions at a Cabinet meeting on emissions into the environment. The appeal is being considered as a result of advice from the Attorney General. In our opinion and that of the Attorney General, this is a matter for the courts on which to make a decision, rather than a holder of a statutory office.

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