Coillte motion dismissed

The High Court yesterday refused to dismiss proceedings which seek to compel Coillte Teoranta to give an environmentalist all…

The High Court yesterday refused to dismiss proceedings which seek to compel Coillte Teoranta to give an environmentalist all the documents he is seeking on the Millennium Forests Project.

Mr Tony Lowes wrote to Coillte in late 2000 asking to be furnished with "all documentation in any form" relating to the project. Coillte replied that it was a private limited company which operated on a commercial basis.

It argued it had no public administration functions or responsibilities and that such public responsibilities rested with Government departments and other public bodies.

In January 2001, the High Court granted leave to Mr Lowes to seek orders, in judicial review proceedings, compelling Coillte to give him all documents sought in his letter of December 7th, 2000, and an order quashing Coillte's refusal of his request.

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Following further correspondence, Coillte offered to make certain information available on the project. Mr Lowes continued with the proceedings.

In an affidavit in May 2001, he said he was interested in the nature and extent of the environmental safeguards incorporated in the Millennium Forests Project. That interest had led to his request for documents.

In June 2001, Coillte brought a motion seeking to dismiss Mr Lowes's proceedings as "frivolous, vexatious and/or an abuse of process of the court".

Yesterday, in a reserved judgment, Mr Justice Herbert dismissed Coillte's motion.