Mr. Justice Colm Mac Eochaidh yesterday ruled that the National Asset Management Agency (or “NAMA”) is a public authority for the purposes of the European Communities (Access to Information on the Environment) Regulations 2007.
The ruling by Mr. Justice Mac Eochaidh is considered as having implications for a range of public authorities.
However, the ruling will have no implication for the Freedom of Information Act, which is due to be amended as part of a process that will include the National Asset Management Agency under the legislation.
The Agency claimed that it was not a public authority within the meaning of the 2007 European regulation. But Mr. Justice Mac Eochaidh said this was “absurd”.
Mr. Justice Mac Eochaidh re-affirmed the ruling of Ms. Emily O’Reilly, Commissioner for Environmental Information, who ruled in September 2011 that the Agency is a public authority within the meaning of the regulation.
An application to remit the matter to the commissioner was yesterday dismissed by Mr. Justice Mac Eochaidh.
Ms. O’Reilly issued her ruling in light of a refusal by the National Asset Management Agency to supply information, sought by a journalist in 2010, on the basis that the Agency is not a public authority within the meaning of the 2007 regulations.
An appeal to the Supreme Court is open to the National Asset Management Agency.
