Summary: The Commissioner annulled ABP's decision on the grounds that the appellant's request was not dealt with in accordance with articles 7(4) and 11(4) of the AIE Regulations. He directed ABP to undertake a fresh decision-making process in respect of the appellant's request.
Date: 24-11-2023
Case Number: OCE-136880-Q2N3W3
Public Body: An Bord Pleanála
Article of the Reg.: Art.7(4) Art.11(4)
Summary: The Commissioner annulled the decision of the Department on the ground that it had not conducted adequate searches in an effort to locate all relevant environmental information. He directed it to undertake a fresh decision-making process in respect of the appellant's request.
Date: 13-11-2023
Case Number: OCE-136869-N6S0J3
Public Body: Department of Agriculture, Food and the Marine
Article of the Reg.: Art.7(5)
Summary: The Commissioner found that the information at issue was ''environmental information'' and that neither article 8(a)(iv) nor 9(2)(d) of the AIE Regulations provided grounds for its refusal. He directed release of the information on that basis.
Date: 09-11-2023
Case Number: OCE-124513-C1V0F9
Public Body: Data Protection Commission
Article of the Reg.: Art.3(1) Art.8(a)(iv) Art.9(2)(d)
Summary: The Commissioner found that the articles 9(2)(a) & 9(2)(b) of the AIE Regulations did not provide grounds for refusal in the circumstances of the case and remitted the case to the Department to process the requests in accordance with the provisions of the AIE Regulations.
Date: 07-11-2023
Case Number: OCE-137279-M3G7T5, OCE-137565-Q1J5W8
Public Body: Department of Agriculture, Food and the Marine
Article of the Reg.: Art.9(2)(a) Art.9(2)(b)
Summary: The Commissioner annulled daa's decision and directed it to undertake a fresh decision making process in respect of the appellant's request.
Date: 07-11-2023
Case Number: OCE-136877-P1T9D3
Public Body: daa PLC
Article of the Reg.: Art.7(5)
Summary: The Commissioner found that the Department had not established that reasonable and appropriate searches had been conducted to identify and retrieve environmental information within the scope of the appellant's request and remitted the matter to the Department for further consideration.
Date: 02-11-2023
Case Number: OCE-136235-Z5J0S9
Public Body: Department of Agriculture, Food and the Marine
Article of the Reg.: Art.7(5)
Summary: The Commissioner annulled the decisions of the Department of Agriculture Food and Marine to part refuse the release of records requested. The Commissioner directed the Department to release the redacted name, Townland and County from the site notice to the appellant.
Date: 01-11-2023
Case Number: OCE-128262-B9G0Z2, OCE-138020-L5T6K8
Public Body: Department of Agriculture Food and the Marine
Article of the Reg.: Art.8(a)(i)
Summary: The Commissioner found that the request related to information on emissions into the environment such that article 10(1) of the Regulations applied and that Coillte was not entitled to refuse information on the basis of articles 8(a)(i), 8(a)(ii), 8(a)(iv), 9(1)(b), 9(1)(c) and/or 9(2)(d) of the AIE Regulations. He directed release of the information at issue.
Date: 31-10-2023
Case Number: OCE-116966-W8P0M5
Public Body: Coillte
Article of the Reg.: Art.8(a)(i) Art.8(a)(ii) Art.8(a)(iv) Art.9(1)(b) Art.9(1)(c) Art.9(2)(d) Art.10(1)
Summary: As the Council released the information withheld following submission of the appeal, the Commissioner annuls the decision. There is no further need for the Commissioner to make direction, as the information has now been released.
Date: 31-10-2023
Case Number: OCE-128187-X0B4Q4
Public Body: Clare County Council
Article of the Reg.: Art.8(a)(i)
Summary: As the Council released the information withheld following submission of the appeal, the Commissioner annuls the decision. There is no further need for the Commissioner to make direction as the information has now been released.
Date: 31-10-2023
Case Number: OCE-129141-W2S4R8
Public Body: Galway City Council
Article of the Reg.: Art.9(2)(a)