On November 2nd, 2005, a day after the government unveiled Transport 21, The Irish Timesmade a written request under the Freedom of Information Act for all documents that would indicate the basis on which projects were included in the €34.4 billion programme.
The request sought information on any cost-benefit analysis of the Dublin metro plan and extensions to the Luas, as well as the proposed rail tunnel between Heuston Station and Spencer Dock, the electrification of suburban services and the reopening of the western rail corridor.
Of the 18 documents relevant to the metro and the Luas, 11 were withheld by the Department of Transport and another was subject to extensive deletions; these related mainly to the business case prepared by the Railway Procurement Agency (RPA) for both the metro and the Luas.
Also withheld by the department were letters exchanged between RPA chief executive Frank Allen and the department's secretary general, Julie O'Neill, and assistant secretary, Pat Mangan, on the government's 10-year transport capital investment framework.
One of the reasons given by the department for denying access to most of the documents sought by The Irish Timeswas that the information was "commercially sensitive" and its disclosure "could reasonably be expected to result in a material financial loss or gain".
The department's refusal to make further information available was appealed in January 2006, but the official who reviewed the case internally upheld the original decision. An appeal against this ruling was then lodged with Information Commissioner Emily O'Reilly.
A lengthy delay ensued, because her office had so many appeals already on file. But the department finally responded last week by releasing more of the documentation sought almost two years earlier - but with every figure, particularly cost estimates, blacked out.
Every document submitted by the RPA to the department notes that they contain sensitive information "for the confidential consideration and use of Government", and should be treated as an "exempt record" for the purposes of the Freedom of Information Act.