Summary: The Commissioner annulled the Department's decision 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: 23-10-2023
Case Number: OCE-135329-K9G7M1
Public Body: Department of Agriculture, Food and the Marine
Article of the Reg.: Art.7(5)
Summary: The Commissioner found that the National Transport Authority provided the appellant with the requested information. Accordingly, the Commissioner affirms the decision of the National Transport Authority.
Date: 20-10-2023
Case Number: OCE-133765-H6K8S8
Public Body: National Transport Authority
Article of the Reg.: Art.7(1)
Summary: The Commissioner found that the Department was not entitled to rely on article 7(3) nor was it entitled to rely on article 9(2)(a) and directed release of the information sought.
Date: 19-10-2023
Case Number: OCE-129105-D9Q2K4
Public Body: Department of Agriculture, Food and the Marine
Article of the Reg.: Art.7(3) Art.9(2)(a)
Summary: The Commissioner found that (i) the request related to information on emissions into the environment such that article 10(1) applied and articles 8(a)(i) and 8(a)(iv) could not be relied upon; (ii) article 9(1)(b) provided the Council with grounds for the refusal of some, but not all, of the information in respect of which that article was relied upon; (iii) article 9(2)(d) did not provide the Council with grounds to refuse certain information requested. He therefore upheld the refusal of certain information and directed the Council to release the remaining information within the scope of the appellant's request.
Date: 19-10-2023
Case Number: OCE-132005-T6H0N5
Public Body: Longford County Council
Article of the Reg.: Art.8(a)(i) Art.8(a)(iv) Art.9(1)(b) Art.9(2)(d) Art.10(1)
Summary: The Commissioner annulled the Department's decision and directed it to undertake a fresh decision making process.
Date: 18-10-2023
Case Number: OCE-133286-Q7G0H6
Public Body: Department of Agriculture, Food and the Marine
Article of the Reg.: Art.7(5)
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 for fresh consideration.
Date: 17-10-2023
Case Number: OCE-129253-V8R6Z0
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 the decision of the Council and directed it to undertake a fresh decision-making process in respect of that information.
Date: 10-10-2023
Case Number: OCE-138269-Y2J4B1
Public Body: Dun Laoghaire Rathdown County Council
Article of the Reg.: Art.7(5)
Summary: The Commissioner annulled the Department's decision and directed it to undertake a fresh decision making process.
Date: 02-10-2023
Case Number: OCE-124934-S2K4B4
Public Body: Department of Agriculture, Food and the Marine
Article of the Reg.: Art.7(5) Art.9(1)(c)
Summary: The Commissioner found that article 9(2)(a) of the AIE Regulations did not provide grounds for refusal in the circumstances of the case and remitted the matter to Coillte to undertake a fresh decision-making process.
Date: 15-09-2023
Case Number: OCE-130454-P8G5D2
Public Body: Coillte
Article of the Reg.: Art.9(2)(a)
Summary: The Commissioner found that the information requested was ''environmental information'' and remitted the matter to the Department for further consideration.
Date: 01-09-2023
Case Number: OCE-127083-R3M4C1
Public Body: Department of Agriculture, Food and Marine
Article of the Reg.: Art.3(1)