High Court upholds Commissioner's decision re NAMA

The High Court delivered its judgment on Wednesday, 27 February 2013, in the case of National Asset Management Agency (NAMA) v the Commissioner for Environmental Information. The case centered around the interpretation of the definition of public authority in the Access to Information on the Environment (AIE) Regulations. The Commissioner found that NAMA is a public authority within the meaning of the Regulations having regard to the ordinary and plain meaning of the term "and includes" as used in the definition. In his judgment, Mac Eochaidh, J. stated that he had no difficulty identifying the natural and ordinary meaning of the words at issue once the legislative intention is clear, as he found it to be in this case. He upheld the Commissioner's decision.

Emily O'Reilly, Commissioner for Environmental Information, said that she was pleased that the High Court had upheld her decision that NAMA is a public authority for the purpose of the AIE Regulations. While noting that NAMA has a right of appeal to the Supreme Court, she welcomed the High Court's judgment which means that members of the public have a right of access to environmental information held by or for NAMA.