Support from readers like you keeps The Journal open.
You are visiting us because we have something you value. Independent, unbiased news that tells the truth. Advertising revenue goes some way to support our mission, but this year it has not been enough.
If you've seen value in our reporting, please contribute what you can, so we can continue to produce accurate and meaningful journalism. For everyone who needs it.
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.
Advertisement
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 guideto getting environmental information from public authorities
Related Reads
Open Access: A citizen’s guide to getting environmental info 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>>
Readers like you are keeping these stories free for everyone...
A mix of advertising and supporting contributions helps keep paywalls away from valuable information like this article.
Over 5,000 readers like you have already stepped up and support us with a monthly payment or a once-off donation.
To embed this post, copy the code below on your site
Close
11 Comments
This is YOUR comments community. Stay civil, stay constructive, stay on topic.
Please familiarise yourself with our comments policy
here
before taking part.
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.
@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.
@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.
@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.
@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.
@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.
@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.
@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.
@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!!
@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
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.
@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
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,
Ireland needs 23 beds for eating disorders - but seven years on, there's still no sign of them
Paul O'Donoghue
9 hrs ago
8.9k
30
Catholic Church
Vatican says Pope Francis 'rested well all night' in hospital, after 'slight improvement' in condition
Updated
1 hr ago
4.0k
7
Murder Investigation
American mother drops newborn to death from Paris hotel window
18 hrs ago
50.7k
Your Cookies. Your Choice.
Cookies help provide our news service while also enabling the advertising needed to fund this work.
We categorise cookies as Necessary, Performance (used to analyse the site performance) and Targeting (used to target advertising which helps us keep this service free).
We and our 152 partners store and access personal data, like browsing data or unique identifiers, on your device. Selecting Accept All enables tracking technologies to support the purposes shown under we and our partners process data to provide. If trackers are disabled, some content and ads you see may not be as relevant to you. You can resurface this menu to change your choices or withdraw consent at any time by clicking the Cookie Preferences link on the bottom of the webpage .Your choices will have effect within our Website. For more details, refer to our Privacy Policy.
We and our vendors process data for the following purposes:
Use precise geolocation data. Actively scan device characteristics for identification. Store and/or access information on a device. Personalised advertising and content, advertising and content measurement, audience research and services development.
Cookies Preference Centre
We process your data to deliver content or advertisements and measure the delivery of such content or advertisements to extract insights about our website. We share this information with our partners on the basis of consent. You may exercise your right to consent, based on a specific purpose below or at a partner level in the link under each purpose. Some vendors may process your data based on their legitimate interests, which does not require your consent. You cannot object to tracking technologies placed to ensure security, prevent fraud, fix errors, or deliver and present advertising and content, and precise geolocation data and active scanning of device characteristics for identification may be used to support this purpose. This exception does not apply to targeted advertising. These choices will be signaled to our vendors participating in the Transparency and Consent Framework.
Manage Consent Preferences
Necessary Cookies
Always Active
These cookies are necessary for the website to function and cannot be switched off in our systems. They are usually only set in response to actions made by you which amount to a request for services, such as setting your privacy preferences, logging in or filling in forms. You can set your browser to block or alert you about these cookies, but some parts of the site will not then work.
Targeting Cookies
These cookies may be set through our site by our advertising partners. They may be used by those companies to build a profile of your interests and show you relevant adverts on other sites. They do not store directly personal information, but are based on uniquely identifying your browser and internet device. If you do not allow these cookies, you will experience less targeted advertising.
Functional Cookies
These cookies enable the website to provide enhanced functionality and personalisation. They may be set by us or by third party providers whose services we have added to our pages. If you do not allow these cookies then these services may not function properly.
Performance Cookies
These cookies allow us to count visits and traffic sources so we can measure and improve the performance of our site. They help us to know which pages are the most and least popular and see how visitors move around the site. All information these cookies collect is aggregated and therefore anonymous. If you do not allow these cookies we will not be able to monitor our performance.
Store and/or access information on a device 104 partners can use this purpose
Cookies, device or similar online identifiers (e.g. login-based identifiers, randomly assigned identifiers, network based identifiers) together with other information (e.g. browser type and information, language, screen size, supported technologies etc.) can be stored or read on your device to recognise it each time it connects to an app or to a website, for one or several of the purposes presented here.
Personalised advertising and content, advertising and content measurement, audience research and services development 136 partners can use this purpose
Use limited data to select advertising 106 partners can use this purpose
Advertising presented to you on this service can be based on limited data, such as the website or app you are using, your non-precise location, your device type or which content you are (or have been) interacting with (for example, to limit the number of times an ad is presented to you).
Create profiles for personalised advertising 78 partners can use this purpose
Information about your activity on this service (such as forms you submit, content you look at) can be stored and combined with other information about you (for example, information from your previous activity on this service and other websites or apps) or similar users. This is then used to build or improve a profile about you (that might include possible interests and personal aspects). Your profile can be used (also later) to present advertising that appears more relevant based on your possible interests by this and other entities.
Use profiles to select personalised advertising 77 partners can use this purpose
Advertising presented to you on this service can be based on your advertising profiles, which can reflect your activity on this service or other websites or apps (like the forms you submit, content you look at), possible interests and personal aspects.
Create profiles to personalise content 37 partners can use this purpose
Information about your activity on this service (for instance, forms you submit, non-advertising content you look at) can be stored and combined with other information about you (such as your previous activity on this service or other websites or apps) or similar users. This is then used to build or improve a profile about you (which might for example include possible interests and personal aspects). Your profile can be used (also later) to present content that appears more relevant based on your possible interests, such as by adapting the order in which content is shown to you, so that it is even easier for you to find content that matches your interests.
Use profiles to select personalised content 33 partners can use this purpose
Content presented to you on this service can be based on your content personalisation profiles, which can reflect your activity on this or other services (for instance, the forms you submit, content you look at), possible interests and personal aspects. This can for example be used to adapt the order in which content is shown to you, so that it is even easier for you to find (non-advertising) content that matches your interests.
Measure advertising performance 127 partners can use this purpose
Information regarding which advertising is presented to you and how you interact with it can be used to determine how well an advert has worked for you or other users and whether the goals of the advertising were reached. For instance, whether you saw an ad, whether you clicked on it, whether it led you to buy a product or visit a website, etc. This is very helpful to understand the relevance of advertising campaigns.
Measure content performance 60 partners can use this purpose
Information regarding which content is presented to you and how you interact with it can be used to determine whether the (non-advertising) content e.g. reached its intended audience and matched your interests. For instance, whether you read an article, watch a video, listen to a podcast or look at a product description, how long you spent on this service and the web pages you visit etc. This is very helpful to understand the relevance of (non-advertising) content that is shown to you.
Understand audiences through statistics or combinations of data from different sources 75 partners can use this purpose
Reports can be generated based on the combination of data sets (like user profiles, statistics, market research, analytics data) regarding your interactions and those of other users with advertising or (non-advertising) content to identify common characteristics (for instance, to determine which target audiences are more receptive to an ad campaign or to certain contents).
Develop and improve services 82 partners can use this purpose
Information about your activity on this service, such as your interaction with ads or content, can be very helpful to improve products and services and to build new products and services based on user interactions, the type of audience, etc. This specific purpose does not include the development or improvement of user profiles and identifiers.
Use limited data to select content 38 partners can use this purpose
Content presented to you on this service can be based on limited data, such as the website or app you are using, your non-precise location, your device type, or which content you are (or have been) interacting with (for example, to limit the number of times a video or an article is presented to you).
Use precise geolocation data 43 partners can use this special feature
With your acceptance, your precise location (within a radius of less than 500 metres) may be used in support of the purposes explained in this notice.
Actively scan device characteristics for identification 25 partners can use this special feature
With your acceptance, certain characteristics specific to your device might be requested and used to distinguish it from other devices (such as the installed fonts or plugins, the resolution of your screen) in support of the purposes explained in this notice.
Ensure security, prevent and detect fraud, and fix errors 86 partners can use this special purpose
Always Active
Your data can be used to monitor for and prevent unusual and possibly fraudulent activity (for example, regarding advertising, ad clicks by bots), and ensure systems and processes work properly and securely. It can also be used to correct any problems you, the publisher or the advertiser may encounter in the delivery of content and ads and in your interaction with them.
Deliver and present advertising and content 96 partners can use this special purpose
Always Active
Certain information (like an IP address or device capabilities) is used to ensure the technical compatibility of the content or advertising, and to facilitate the transmission of the content or ad to your device.
Match and combine data from other data sources 68 partners can use this feature
Always Active
Information about your activity on this service may be matched and combined with other information relating to you and originating from various sources (for instance your activity on a separate online service, your use of a loyalty card in-store, or your answers to a survey), in support of the purposes explained in this notice.
Link different devices 50 partners can use this feature
Always Active
In support of the purposes explained in this notice, your device might be considered as likely linked to other devices that belong to you or your household (for instance because you are logged in to the same service on both your phone and your computer, or because you may use the same Internet connection on both devices).
Identify devices based on information transmitted automatically 84 partners can use this feature
Always Active
Your device might be distinguished from other devices based on information it automatically sends when accessing the Internet (for instance, the IP address of your Internet connection or the type of browser you are using) in support of the purposes exposed in this notice.
Save and communicate privacy choices 64 partners can use this special purpose
Always Active
The choices you make regarding the purposes and entities listed in this notice are saved and made available to those entities in the form of digital signals (such as a string of characters). This is necessary in order to enable both this service and those entities to respect such choices.
have your say