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Bord Na Mona Edenderry Power Station in County Offaly Eamonn Farrell/Photocall Ireland

No Access: Bord na Móna companies blanket blocking release of information

Key subsidiaries say they fall outside of regulations that enable environmental information requests.

COMPANIES OWNED BY Bord na Móna say they fall outside of the scope of key regulations enabling access to environmental information, limiting transparency on the semi-state’s core operational activity, Noteworthy can reveal. 

Bord na Móna is a multi-million euro commercial semi-state company and one of the largest landholders in the country, including around 80,000 hectares of peatlands. It has 30 subsidiaries, 29 of which are 100% owned by Bord na Móna.

These subsidiaries encompass the key operational activities of the commercial semi-state’s operations, including its peat and solid fuel operations, waste and recycling operations, wind farm projects and other core energy generation including biomass burning at Edenderry in Offaly.

Bord na Móna is exempt from the Freedom of Information (FOI) Act, however, it still falls under the Access to Information on the Environment (AIE) Regulations that entitle citizens to ask public bodies for documents on biodiversity, pollution and climate issues.

The use of AIE has played a key role in Noteworthy investigations and has proven pivotal in the work of other media organisations in Ireland.

For example, it was through AIE that an Irish Times investigation in 2017 revealed sustainability concerns of Bord na Móna’s biomass imports linked to the palm oil industry. Following this investigation, Bord na Móna ceased all importation of the product. 

Change of tune

However, following a near identical AIE request for biomass import data in April 2019, Bord na Móna determined that the information requested was held by Bord na Móna Biomass Limited. It stated that its subsidiary was not a public authority and so was not subject to the AIE Regulations.

The transparency campaign group Right to Know brought an appeal before the Office of the Commissioner for Environmental Information (OCEI) who decided in September 2021 that “the information within the scope of the request which is held by Bord na Móna Biomass is held for Bord na Móna plc”.

While the subsidiary has a separate legal personality and operates independently in its commercial operations, the OCEI found that “there is a very close connection between the two companies, closer than the usual relationship between a parent company and a wholly owned subsidiary” and it “presents no separate face to the public”. 

This decision meant that AIE information requests could be made to its biomass subsidy. However, Bord na Móna is challenging this decision in the High Court, with the case listed for hearing in December. 

  • Read our guide to getting environmental information from public authorities

Noteworthy has since made several other AIE requests in relation to peat extraction, horticultural peat exports and plans to build wind farms on peatlands. In each case, Bord na Móna determined that the records were held by subsidiaries which it stated did not fall under the definition of a public body and were exempt from the AIE Regulations.

We sought an internal review in each instance, with Bord na Móna coming to the same conclusion each time. Following these refusals, we sent a request to Bord na Móna for the stance of all subsidiaries in which it has 100% share ownership. 

Bord na Móna Plc did not provide an answer for each subsidiary but said this question has been considered by Bord na Móna Energy; Bord na Móna Horticulture; Bord na Móna Fuels, Bord na Móna Biomass and Bord na Móna Powergen.

In each case, it said, the subsidiaries have “determined that they are not public authorities within the meaning of the AIE Regulations”. It did not outline how the subsidiaries had come to this conclusion.

Noteworthy currently has two live appeals before the OCEI in relation to decisions taken by Bord na Móna in which it found the records were held by subsidiaries and not the main company itself. 

This article, our information requests and subsequent appeals were supported by reader contributions to Noteworthy, The Journal’s community-led investigative platform. If you would like to help fund our ongoing work, please consider contributing here>>

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    Mute Marty H
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    Aug 27th 2020, 3:17 PM

    One of the most detested men in Irish politics ever

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    Mute Justin Gillespie
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    Aug 27th 2020, 3:22 PM

    @Marty H: Gerry, Bertie & Phil would be the top three.

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    Mute Marty H
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    Aug 27th 2020, 3:57 PM

    @Justin Gillespie: Gerry?

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    Mute Justin Gillespie
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    Aug 27th 2020, 4:07 PM

    @Marty H: Nailed on top three.

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    Mute Marty H
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    Aug 27th 2020, 4:25 PM

    @Justin Gillespie: what about Charlie?

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    Mute Justin Gillespie
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    Aug 27th 2020, 4:54 PM

    @Marty H: Charlie was a rogue, not in the same league as the other three.

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    Mute Roger Dawson
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    Aug 27th 2020, 4:56 PM

    @Justin Gillespie: Mehole & Donnelly are in the top 5

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    Mute Michael Clinton
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    Aug 27th 2020, 3:19 PM

    A man that managed to rub a whole nation up the wrong way and become totally hated.
    He pused and bullied his way to the top and basically sneered at everyone.
    He bullied the property tax into revenue
    He tried to bully water charges and even suggested cutting supply to a trickle.
    The people waiting in the long grass waited patiently and struck when hogans arrogance got the better of him.

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    Mute Euro McPúnty
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    Aug 27th 2020, 4:34 PM

    @Michael Clinton: a proud Fine Gael man.

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    Mute Roger Dawson
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    Aug 27th 2020, 4:52 PM

    @Michael Clinton: No Politician is indispensable only exception for Ireland was
    CS Parnell .

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    Mute Joan Murray
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    Aug 27th 2020, 6:59 PM

    @Michael Clinton: actually, he rubbed a vocal minority rabble up the wrong way. Majority of householders signed up to the water charges and understand water doesnt fall from the skies straight into our taps, and that it is better if our sh##t is not pumped untreated into Dublin Bay, or the waters off Lehinch strand.

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    Mute Michael Clinton
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    Aug 27th 2020, 7:10 PM

    @Joan Murray:
    Well why didn’t the *so called majority* get off their larded backsides to protest to pay the tax…
    I’ll tell you why Joan, it was because YOU are the minority.
    People like you like to look down their noses at others, if you feel so bad then stop the nearest politician and hand him/her your money.
    As for effluent going into Dublin bay, that only happens when flooding and rain deluges the tanks.

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    Mute SC
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    Aug 31st 2020, 6:09 AM

    @Joan Murray: it was an attempt to privatise that bothered me. I have money and can pay but will not allow privatisation.

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    Mute Stephen Walsh
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    Aug 27th 2020, 3:04 PM

    FG & FF are rotten to the core end of

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    Mute Justin Gillespie
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    Aug 27th 2020, 3:16 PM

    @Stephen Walsh: as opposed to SF who are shining lights of rectitude, probity & are unfailingly kind to furry animals.
    How lucky we are to have them.

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    Mute Jacks R. Back
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    Aug 27th 2020, 3:17 PM

    @Justin Gillespie: Sinn Féin are living in your head rent free Justin.

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    Mute Justin Gillespie
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    Aug 27th 2020, 3:20 PM

    @Jacks R. Back: Your right Jack, it is a constant marvel to me how they manage to fool so many people all of the time. Admirable in a strange sort of way.

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    Mute Jacks R. Back
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    Aug 27th 2020, 3:23 PM

    @Justin Gillespie: Are you talking about FF or FG there Justin?

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    Mute Brian Madden
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    Aug 27th 2020, 3:25 PM

    @Justin Gillespie: fool so many people? They have never been on government in the republic. FFG have been in government for over one hundred years. We have had Charlie and bertie and the burke’s and the Flynn’s. The list goes on and so much corruption.

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    Mute Justin Gillespie
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    Aug 27th 2020, 3:26 PM

    @Jacks R. Back: All of them Jack, every single one of them.

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    Mute Justin Gillespie
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    Aug 27th 2020, 3:32 PM

    @Brian Madden: Do you honestly think SF are any better? Stormont has been a shambles, the bullying at County Council level is well documented not to mention the Bobby Storey funeral circus, Martina Anderson & the Monaghan Co Councillor who decided to self isolate with her entire family in Donegal after a foreign holiday.
    FF FG & SF are all the same, do as I say not as I do.

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    Mute Brian Flavin
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    Aug 27th 2020, 3:33 PM

    @Stephen Walsh: Gobsh*t ALL FFFGGP

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    Mute DCforChange
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    Aug 27th 2020, 3:56 PM

    @Justin Gillespie: what about People before profit, The Greens etc. There’s more opposition parties than SF. Can you not just admit FF & FG are rotten to the core. Stop comparing.

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    Mute Justin Gillespie
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    Aug 27th 2020, 4:10 PM

    @DCforChange: I don’t know how many different ways I can put this, every single one of them.
    The parties you name are not alone corrupt but incompetent with it. The reason I name SF is because they are big enough to be leaders in a future government.

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    Mute ÓDuibhír Abú
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    Aug 27th 2020, 4:30 PM

    @Brian Madden: And the; Roman Church, how low on Morals they are that they couldn’t speak up.!!

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    Mute Justin Gillespie
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    Aug 27th 2020, 5:02 PM

    @ÓDuibhír Abú: Add in the Muslims, Sikhs, Jehovahs & jou begin to get the idea. Nobody is perfect, we are all corrupt & none of us has the right to point the finger at anyone else, we have all pulled strokes & taken shortcuts even with regard to Covid.
    Loads of people who fly in do not respond to follow up phone calls. Up to 50% of those who are supposed to be tested as close contacts do not turn up for their second test.
    Will they all get fired? Will they f__k!!

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    Mute Roger Dawson
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    Aug 27th 2020, 5:10 PM

    @Stephen Walsh: 100 years of FFFG with the backing of the Labour Party.
    100 years of kissing Archbishops and Bishops rings and cover up’s.
    And we still vote for them
    Why

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    Mute The Risen
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    Aug 27th 2020, 3:19 PM

    Bye bye Philip. Don’t let the door hit ya where the good Lord split ya…..

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    Mute D'oh
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    Aug 27th 2020, 8:06 PM

    @The Risen: Farewell Fat Phil.

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    Mute Liam Dempsey
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    Aug 27th 2020, 3:34 PM

    The Irish people know and admire a good politician when they see one. They also know a know a high toned skunk when they smell one. When Phil came from Brussels he rode rough shod over Ireland’s covid rules as if he was the law or God almighty. The law didn’t apply to him only the little people but he soon found out. The Irish people had their say eventually.

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    Mute Roger Dawson
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    Aug 27th 2020, 5:04 PM

    @Liam Dempsey: Have you got a minute
    Tell us who you had in mind That is a good politician that we as Irish people admire.

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    Mute Justin Gillespie
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    Aug 27th 2020, 3:18 PM

    Phil Hogan is the happiest man in Ireland, big pensions, can play golf to his hearts content & will get to pick & choose his next big job.

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    Mute Jacks R. Back
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    Aug 27th 2020, 3:24 PM

    @Justin Gillespie: You’re right, the cartel always look after their own.

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    Mute Justin Gillespie
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    Aug 27th 2020, 3:35 PM

    @Jacks R. Back: Its the way of the world Jack. Always has been always will be.

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    Mute Jacks R. Back
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    Aug 27th 2020, 3:45 PM

    @Justin Gillespie: Especially if you refuse to countenance change.

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    Mute Justin Gillespie
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    Aug 27th 2020, 4:12 PM

    @Jacks R. Back: Theses the problem Jack, there will be no change, different faces maybe, same corruption.

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    Mute Jimmy Mac
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    Aug 27th 2020, 3:16 PM

    He is one of the most arrogant think I ever heard, over payed big headed F—Kers , glad to see him get the sack.

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    Mute Dave Collins
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    Aug 27th 2020, 3:40 PM

    Phil…C U Next Tuesday!

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    Mute Michael Clinton
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    Aug 27th 2020, 3:50 PM

    You will find this boyo heading up a vulture fun soon enough.

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    Mute boss hogg
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    Aug 27th 2020, 4:14 PM

    @Michael Clinton: just remember enda Kenny now works as an advisor for an American vulture fund within Ireland.him and that weasel Hayes are two beauties

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    Mute Tom Heffernan
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    Aug 27th 2020, 4:14 PM

    And all he will be remembered for will be This debacle he got himself into!

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    Mute kevin mc cormack
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    Aug 27th 2020, 6:07 PM

    I read recently he also said Ireland should look at raising it corporate tax, in order to access COVID-19 grants from Europe,he has a cheek to call himself an Irishman, he’d sell the shirt off his own back,

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    Mute Logan Shepherd
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    Aug 27th 2020, 3:04 PM

    Ah come on lads. As your one in Frozen said “let it go”

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    Mute Johnny Merren
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    Aug 27th 2020, 3:31 PM

    Great letter in Irish Times today
    Sir – Obfuscation, evasion and the recitation of rules are essential in trade negotiations.

    Phil Hogan should be the next director general of the World Trade Organisation. – Yours, etc,

    Dr JOHN DOHERTY,

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    Mute Niall Sheridan
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    Aug 27th 2020, 3:49 PM

    From…..
    To some handy number / sinecure somewhere – “well done good and faithful servant “!!

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    Mute Chewey Bacca
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    Aug 27th 2020, 3:03 PM

    National Hero ! Standing up to the CCP and living life to the full. We’ll all be doing this in 12 months. Ahead of his time.

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    Mute Lorcan O'Neill
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    Aug 27th 2020, 9:41 PM

    I know nothing about this man but when I see him the only thing that comes to mind is that he looks like a bully !

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    Mute Maurice Dodd
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    Aug 28th 2020, 10:25 PM

    @Lorcan O’Neill: google his previous form lor an he’s a truly vile pos

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    Mute Maurice Dodd
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    Aug 28th 2020, 10:24 PM

    Big pig Phil

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