Access to Information on the Environment (AIE)
07 Apr, 2020
The Mental Health Commission (which includes the Decision Support Service) welcomes requests for Access to Information on the Environment (AIE).
The European Communities (Access to Information on the Environment) Regulations 2007-2018 (AIE Regulations) gives you the right to access information held by the Mental Health Commission about environmental issues. These requests are for non-personal information only.
Why may I access this information?
The AIE Regulations give you the right of access to environmental information held by public authorities. The belief is that giving the general public access to this information encourages greater awareness of issues that affect the environment. When this happens, it encourages greater participation in decision-making on these matters.
What are Access to Information on the Environment (AIE) requests?
The AIE Regulations allow you access to a wide range of information. You can make a request to the Mental Health Commission for information in written, visual, electronic or any other material form from any of the following categories:
- The state of the elements of the environment. This includes, but is not limited to, air and atmosphere, water, soil, land, landscape and natural sites including wetlands, coastal and marine areas, biological diversity and its components including genetically modified organisms and the interaction among these elements
- Factors such as substances, energy, noise, radiation or waste, including radioactive waste, emissions, discharges and other releases into the environment, affecting or likely to affect the elements of the environment
- Measures (including administrative measures) such as policies, legislation, plans, programmes, environmental agreements, and activities affecting or likely to affect the elements and factors referred to above as well as measures or activities designed to protect those elements
- Cost-benefit and other economic analyses and assumptions used for the above measures and activities
- The state of human health and safety, including the contamination of the food chain, where relevant, conditions of human life, cultural sites and built structures that may be affected by the elements of the environment
- Reports on the implementation of environmental legislation
How do I make an Access to Information on the Environment (AIE) request?
Your request must be in writing. In making your request, you are asked to
- say that you are making the request under the AIE Regulations
- provide as much detail as possible about the information you are asking for
Form
You may send this information by email or by letter. Alternatively, you may prefer to complete and send a form which you can do by filling in the form Access to information on the Environment AIE Request
Where do I send my request?
You may send your request by post or by email. Here are the addresses:
By Post
AIE Officer,
Information Governance Unit,
Mental Health Commission,
Waterloo Exchange,
Waterloo House,
Dublin 4
D04 E5W7
By email
How long does it take to receive a response?
You can expect to receive a response within one month from the day your request is received by the Mental Health Commission.
How will you send this information to me?
In making your request, you should say if you would like to receive the information by post or by email.
How much does it cost to make an Access to Information on the Environment (AIE) request?
Subject to the below there is no charge for making an AIE request.
Are there any other charges?
A public body may charge a fee for making information on the environment available under the above regulations provided it does not exceed a reasonable amount.
In determining what constitutes a reasonable amount, the Mental Health Commission shall have regard to the Circular AIE/2/2017 - AIE (Access to Information on the Environment) Search & Retrieval published by the Department of Communications, Climate Action & Environment. Pursuant to this Circular, A "reasonable" charge may vary depending on the volume of information to be released and the associated costs of compiling, copying, printing, posting or supplying the information.
- In any event, charges shall not be made for:
- the provision of general advice on the information that is available,
- time expended on discussing a request,
- determination of what information is discoverable or
What are the current charges?
As above, the fee may not exceed a reasonable amount as set out in Circular AIE/2/2017. In addition to the above, the Mental Health Commission may, if it considers it reasonable, fair and proportionate to do so, have regard to the guidance document on the charging of fees for requests under the Freedom of Information Act 2014 published by the FOI Central Policy Unit.
In the event that a fee is charged you will be notified in advance by the AIE Officer. You may amend your request in such a way that cost may be reduced or eliminated altogether. If the cost is substantial the Mental Health Commission may, at its discretion, accept a deposit payment.
Section 15(2) of the regulations state that, if the Mental Health Commission proposes to charge a fee, it must publish a list of fees on its website along with information on how such fees are calculated and the circumstances under which they may be waived. As Mental Health Commission has yet to charge such a fee, this information is not currently available.
Do I have a right to an internal review of the response?
Yes. Where your request has been refused in whole or part, you may ask for an internal review to be carried out.
How do I make a request for an internal review?
In asking for an internal review, there are four steps to be followed. These are:
- you must make your request for an internal review in writing
- your request is to be sent by post or by email
- you must address your request to the ‘AIE Internal Reviewer’ and not to the AIE Officer
- you must make this request within one month from the date of the letter outlining the original decision
Who is the Internal Reviewer?
The Internal Reviewer is a member of staff who is more senior to the AIE Officer.
Where do I send my request for an internal review?
If you are making a request for an internal review, you may send it to one of the following addresses:
By post
AIE Internal Reviewer,
Information Governance Unit,
Mental Health Commission,
Waterloo Exchange,
Waterloo House,
Dublin 4
D04 E5W7
By email
Is there a charge for an internal review?
No. There is no charge for an internal review.
A reasonable fee may, however, be charged pursuant to Circular AIE/2/2017 above.
When can I expect a response to my request for an internal review?
You will receive a response to the internal review within one month of the Mental Health Commission receiving your request for an internal review. The Internal Reviewer shall:
- affirm, vary or annul the original decision made by the AIE Officer, and
- where appropriate, make the environmental information sought in the request available to you.
Can I appeal the decision of the Internal Reviewer?
Yes. If you are not happy with the decision of the Internal Reviewer, you may appeal to the Commissioner for Environmental Information. The Commissioner will carry out a full and independent review of the decision. You must make this appeal within one month of receiving the decision from the Internal Reviewer at the Mental Health Commission.
How do I contact the Commissioner for Environmental Information?
The Commissioner for Environmental Information may be contacted by post or by email. You may also make an appeal by following the steps set out on its webpage. The contact details are as follows:
By post
Commissioner for Environmental Information,
6 Earlsfort Terrace,
Dublin 2
D02 W773
By email
Website
Is there a charge for appealing to the Commissioner for Environmental Information?
Yes. For more information on the fees that may apply please see the “Who can appeal” section of the website of the Commissioner for Environmental Information.