I refer to your attached request, dated 17th December 2024, which you have made under the Access to Information on the Environment Regulations 2007 – 2018 (AIE Regulations) for access to the following:
· Records related to peat extraction on the following sites:
o Site RN1 – Aghafin, Co. Roscommon
o Site RN2 – Drumerr, Co. Roscommon
o Site RN3– Assaun and Castletown, Co. Roscommon
o Site RN4 – Derryhaurran East, Derryhaurran West, Churchquarter and Cloonconra Co. Roscommon
o Site RN5 – Monksland and Kilnamanagh
o Site RN6 – Cornaveagh, Co. Roscommon
Please include any internal CoCo records, any correspondence with the EPA and any correspondence with landowners and/or peat extraction contractors
Please restrict this AIE request to the years 2023-2024.
Your request is regarded as having been received by Roscommon County Council on 18th December 2024 as it arrived by email outside of office opening hours on 17th December 2024.
I also refer to my attached notice dated 16th January 2025 which informed you that I was extending the timeframe for dealing with your request to 17th February 2025.
Schedule of Records
I have attached a schedule of the following records that I consider to be relevant to your request:
· Records numbered 1 to 142 contained on Planning Enforcement File 2904;
· Records Numbered 1 to 19 in relation to correspondence between Roscommon County Council and the EPA.
This schedule provides an overview of my decision on the release of these records. The schedule provides a brief description of each record and also outlines the decision that I have made regarding access to each record. Where I have decided to part-grant or refuse access to a record, the schedule specifies the Articles of the AIE Regulations under which access to records/parts of records has been refused.
Decision
I have decided on 5th February 2025 to part-grant your request as follows:
Access Granted
I have decided to grant you full access to the following records as described in the attached schedule:
· Records numbered 1,3, 4, 6 to 19, 58, 61 to 70, 73, 74, 77, 114, 123 to 128, 130, 131, 133 and 142 contained on Planning Enforcement File 2904;
· Records numbered 1 to 8, 13, 17 and 18 of the correspondence between Roscommon County Council and the EPA.
Copies of the records to which full access is being granted are attached to this email.
Access Part-Granted
I have decided to grant you part access to the following records:
· Records numbered 2, 5, 21 to 57, 59, 60, 72, 75, 76, 78 to 113, 115 to 122, 129, 132 and 134 to 141 contained on Planning Enforcement File 2904;
· Records numbered 9 to 12, 14 to 16 and 19 of the correspondence between Roscommon County Council and the EPA.
Access to the redacted parts of the following records is being refused under Art. 8(a)(i) of the AIE Regulations as the disclosure of this information would adversely affect the confidentiality of personal information relating to a natural person who has not consented to the disclosure of the information, and where that confidentiality is otherwise protected by law:
· Records numbered 2, 5, 21 to 57, 59, 60, 72, 75, 76, 78 to 113, 115 to 122, 129, 132 and 134 to 141 contained on Planning Enforcement File 2904;
· Record numbered 19 of the correspondence between Roscommon County Council and the EPA.
Access to the redacted parts of the following records is being refused under Article 8(a)(iv) of the AIE Regulations on the grounds that disclosure of the information concerned would adversely affect the confidentiality of the proceedings of Roscommon County Council where confidentiality is otherwise protected by law (including the Freedom of Information Act 2014 with respect to exempt records within the meaning of this Act.)
· Records numbered 9, 10, 11, 12, 14 and 15 of the correspondence between Roscommon County Council and the EPA.
The following provision of the Freedom of Information Act 2014 applies to prevent release to records numbered 9, 10, 11, 12, 14 and 15:
· Section 29(1)(a) as the information concerned contains matter relating to the deliberative processes of a public body.
Access to the redacted parts of record numbered 16 in relation to the correspondence between Roscommon County Council and the EPA is being refused under the following:
· Article 8(a)(iv) of the AIE Regulations on the grounds that disclosure of the information concerned would adversely affect the confidentiality of the proceedings of Roscommon County Council where confidentiality is otherwise protected by law (including the Freedom of Information Act 2014 with respect to exempt records within the meaning of this Act.) In this regard Section 29(1)(a) of the Freedom of Information Act 2014 applies to prevent release to the information concerned as it contains matter relating to the deliberative processes of a public body.
· Article 9(2)(c) of the AIE Regulations on the grounds that a public authority may refuse to make environmental information available where the request concerns material in the course of completion, or unfinished documents or data.
Access Refused
I have decided to refuse you access to the following records:
· Records numbered 20 and 71 contained on Planning Enforcement File 2904.
Access to record numbered 20 is being refused under Article 8(a)(iv) of the AIE Regulations on the grounds that disclosure of the information concerned would adversely affect the confidentiality of the proceedings of Roscommon County Council where confidentiality is otherwise protected by law (including the Freedom of Information Act 2014 with respect to exempt records within the meaning of this Act.) In this regard the following provisions of the Freedom of Information Act 2014 apply to prevent release to the information concerned:
· Section 32(1)(a)(i) which provides for the refusal of a request where access to records could reasonably be expected to prejudice or impair the prevention, detection or investigation of offences, the apprehension of offenders or the effectiveness of lawful methods, systems, plans or procedures employed for the purposes of these matters;
· Section 32(1)(a)(ii) which provides for the refusal of a request where access to records could reasonably be expected to prejudice or impair the enforcement of, compliance with or administration of any law.
Access to record numbered 71 is being refused under Art. 8(a)(i) of the AIE Regulations as the disclosure of this information would adversely affect the confidentiality of personal information relating to a natural person who has not consented to the disclosure of the information, and where that confidentiality is otherwise protected by law.
Emissions
In reaching the above decision to refuse access to records/parts of records, I have in accordance with Article 10(1) of the AIE Regulations, examined whether your request relates to information on emissions into the environment and have determined that it does not.
Public Interest Test
Furthermore, in accordance with Article 10(3) and 10(4) of the AIE Regulations, I have weighed the public interest served by disclosure against the interest served by withholding access to records/parts of records. In this regard I have taken into consideration the following public interest factors:
Public Interest Factors Favouring Disclosure
Public Interest Factors Favouring Withholding Access
- Public interest in persons having a right of access to environmental information;
- Public interest in public bodies being open, transparent and accountable.
Personal Information
- Public interest in protecting privacy;
- Public interest in members of the public having a degree of personal privacy when they are dealing with public bodies.
Deliberative Processes
Public interest in protecting the integrity and viability of the deliberative and decision making processes of a public body.Law Enforcement
· Public interest in ensuring that vital interests of the community are served by effective law enforcement and administration.
· Public interest in avoiding damage to investigations, processes etc.
· Public interest in preventing public bodies being impaired in the discharge of key responsibilities.
Having considered the above public interest factors, it is my opinion that those favouring the withholding of access outweigh those favouring the disclosure of the records/parts of records concerned. I have therefore concluded that the public interest would not be served by disclosing these records/parts of records.
Copies of Article 8, 9 and 10 of the AIE Regulations may be accessed at the following location:
- S.I. No. 133/2007 – European Communities (Access to Information on the Environment) Regulations 2007 (irishstatutebook.ie)
Copies of Section 29 and 32 of the Freedom of Information Act 2014 may be accessed at the following location:
Right of Review
Under Article 11 of the AIE Regulations you have a right to request an internal review of this decision. An internal review involves a complete reconsideration of the matter by a member of staff of Roscommon County Council, unconnected with the original decision, of the same or higher grade than the original decision-maker, who may affirm, vary or annul the original decision.
If you wish to request an internal review, you can do so by writing to Mr. Brian Duffy, AIE Officer, referring to this decision and quoting the above AIE reference number. This request must be made within one month of the date of receipt of this decision. The decision of an internal review will be communicated to you within one month of receipt of your request for an internal review.
Please contact me at 090 6637122 or email to aieoff@roscommoncoco.ie if I can assist you with any matter relating to your request.
Yours sincerely,
Brian Duffy
FOI, AIE, Data Protection & Ombudsman Liaison Officer
Corporate Services Department, Áras an Chontae, Roscommon, F42 VR98