Enforcing Your Rights: Step-By-Step

Before you get started, it is important that you document what has happened.

This might include collecting the following documents:

– Images of environmental issues inside or outside of the home

– Records of any medical illness related to or caused by the issue

– Reports or assessments of the issue carried out by any public bodies or expert consultants

– Any correspondence between you and the person/body who is responsible for the issue

– Anything else that you think may be relevant to the issue.

You have the right to request environmental information from relevant public bodies by making an access to information on the environment request, also known as an ‘AIE request’.

An AIE request allows you to request access to environmental information held by public authorities, such as a Government department or your local county council. This right is provided for under the Access to Information on the Environment (AIE) Regulations 2007-2018.

‘Environmental information’ is defined broadly and includes written, visual, audio, and electronic environmental information. This includes but is not limited to:

– The state of the environmental such as air, water, soil, land, landscape, natural sites, and biodiversity.

– Factors affecting the environment, such as pollutants, energy, noise, radiation, waste, or emissions.

– Measures or activities that impact or protect the environment including laws, policies, plans, and agreements.

– Reports on how environmental laws are being implemented.

How to Make an AIE Request:

If you decide to make an AIE request, keep in mind the following guidelines:

– Make your request is in writing or by email to the public authority which has the information you want

– Clearly state that your request is made under the AIE Regulations

– Include contact details such as your name, address, and any other necessary contact information

– Be as specific as possible when describing what environmental information you are requesting – requests which are too general may be refused

– If you want to receive the environmental information in a particular format, specify this (for example, by email, printed copy, or physical inspection)

– There is no need to give a reason for your interest in the information

– There is no fee for making an AIE request, however, a public authority may charge a reasonable fee for the cost of supplying the information, e.g. for printing hard copies.

The public authority must provide you with the requested information as soon as they are able to, and not later than 1 month after receiving your request.

If they need more time, they have to tell you this and specify the later date on which they will provide it. If the public authority does not hold the relevant information but knows which public authority does, they must tell you this or else transfer your request to the correct authority.

Community Law and Mediation’s Centre for Environmental Justice has created a template AIE request within our Guide to the Aarhus Convention that can be adapted to fit your needs.

Appealing an AIE Decision:

A public authority may reject an AIE request in certain circumstances. Reasons for refusal include to protect the confidentiality of public proceedings or where the request is too general or unreasonably large.

You can appeal a refusal of your request within 1 month of receiving the decision or not receiving a response. The decision to refuse will then be reviewed internally by a person who was not involved in original decision.

The public authority must let you know the outcome of the internal appeal within 1 month, and if they confirm their refusal, they must give reasons.

If the authority confirms their refusal, you have the right to appeal that decision to the Office of the Commissioner for Environmental Information (OCEI) within 1 month. More information on appealing to the OCEI can be found on their website here.

Once you have collected relevant information on an environmental issue, whether by yourself or through making an AIE Request, this will support you in making a report to the relevant section of your local authority.

Depending on the type of environmental issue, there may be a different public authority which it should be reported to. If you are not sure which is responsible, contact your local authority first who can point you in the right direction.

Below is a list of public authorities which gives an overview of the environmental issues they are responsible for:

– The Environmental Protection Agency (EPA): for licensed sites, industrial discharge, pollution incidents, or where you have reported an issue to your local authority and they have failed to take action. You can complain to the EPA about the local authority and the EPA can then take action to address the complaint. You can find the EPA’s online environmental complaint form here.

– Uisce Éireann: for complaints relating to drinking water / wastewater services. You can find their contact information here.

– HSE Environmental Health Officer: for a health issue that is affected by the environment. The HSE Environmental Health Service enforces regulation on tobacco control, cosmetic products, drinking water, and food safety. You can find contact details for your local Environmental Health Office here.

– For waste/dumping complaints: you can contact the Waste Management section of your local authority. You can find contact details for local authorities here.

– For noise complaints: contact the EPA (for EPA-licensed sites, such as factories), your local authority (for domestic or rural/regional roads noise), or Transport Infrastructure Ireland (for major roads and rail noise). The EPA has a guide to help you find the correct authority to deal with your noise complaint here.

– For marine/coastal issue: for litter, dumping, local pollution incidents or bathing water quality issues, contact your local council.

– For freshwater river/lake issues: such as fish-kills or water pollution, contact Inland-Fisheries Ireland.

– For issues related to habitats, protected species or wildlife crimes: contact the National Parks and Wildlife Service (NPWS).

– National Environmental Complaints Line (NECL): while not a public body, this service takes calls 24/7 relating to environmental issues and can pass your complaint to the relevant authority.

– Repairs or maintenance to social housing: you can report these issues to the Maintenance Section of your local authority.

– If Dublin City Council is your local authority, you can report environmental issues using their dedicated Environment and Climate Action Portal.

If you have reported an environmental problem to a public authority but it has not led to any meaningful action or response, you may consider getting legal advice. Seeking legal advice can help you to explore if there are any legal options available to you to address the problem.

Getting legal advice does not mean bringing a case to court. Legal advice from a solicitor can help you to properly understand your rights, look at the likelihood of success of bringing a case, and inform you about other options available to resolve the issue, such as mediating the dispute.

Community Law & Mediation’s Centre for Environmental Justice Legal Clinics offer free legal advice specialised in environmental issues.

You can phone us on directly 01 847 7804 or fill out our booking form and mention our environmental clinics.

Alternatively, can search the Law Society’s directory by location to find a solicitor in your local area.

If you reported an environmental issue to the responsible public authority but it fails to take action and the issue is ongoing, bringing a legal case is a potential option that you can consider. Decisions of, or a failure to act by, a public authority in breach of their statutory duties can be challenged in court.

Bringing a case in court should be viewed as a last resort only after trying all other avenues available to resolve the issue, such as by contacting the relevant public authority.

Going to court can carry high financial costs is typically a slow process. This means it is not a suitable solution for many problems. A solicitor who has expertise in environmental law can provide you with advice to help you better understand the risks and potential outcomes of bringing a case.

The law gives you tools which can help you to take action on environmental issues but it is far from perfect.

Understanding your rights gives you the power to assert yourself, but there are other things you can do to try to bring about change as well, including:

– Campaigning in your community: reach out to your local TD or councillor, or contact local or national media outlets about environmental issues you face. You can find out who your local TD is here.

– Joining a local or national environmental group to push for change: such as Community Action Tenants Union, Friends of the Earth or the Irish Wildlife Trust. A list of national environmental groups which are members of the Irish Environmental Network can be found here.

– Community Groups: while not concerned only with environmental issues, many community groups organise activities to help protect their local environment. You can make a difference by participating in in local projects, such as Tidy Towns or coastal clean-ups.

– Requesting Environmental Information: Make a Freedom of Information or AIE Request to get further information on environmental issues that affect your area.

–Get involved in community-led projects on environmental action: See our recent project with Bohemian Football Club, Know your Environmental Rights, for inspiration on how to get started.