The issue for resolution in this appeal is a net one: whether Raheenleagh Power DAC (“RPD”) is a public authority within the meaning of the European Communities (Access to Information on the Environment) Regulations 2007-2008 (“the AIE Regulations”)
Right to Know CLG (“RTK”) is a company limited by guarantee whose objects are to improve, promote and advocate for increased rights of public access to information. It was incorporated on 24 July 2015. On 22 February 2017 RTK sought access to environmental information held by Coillte Teoranta (“Coillte”) in relation to a wind farm located at Raheenleagh Forest in County Wicklow. Coillte granted part of the request and refused access to some of the environmental information sought on the basis that it was not held for or on behalf of Coillte. The information was held by RPD