Summary: The Commissioner found that the request was not dealt with in accordance with Article 7(5) of the Regulations, because the Department: a) failed to provide the appellant with information relevant to the request; b) provided no evidence that it conducted an adequate and reasonable search to enable it to identify and locate information relevant to the request, in accordance with Article 7(5) of the Regulations. The Commissioner therefore annulled the Department's decision and remitted the matter for fresh consideration by the Department.
Date: 20-07-2023
Case Number: OCE-119755-L7K7K4
Public Body: Department of Agriculture, Food and the Marine
Article of the Reg.: Art.7(5)
Summary: The Commissioner annulled the Council's decisions. He directed the Council to undertake a fresh decision making process in respect of the further relevant environmental information sought by the appellant and to undertake a fresh decision making process in respect of the information withheld from two of the records already identified.
Date: 12-07-2023
Case Number: OCE-118014-C9Z8S2, OCE-118019-N9V3D1, OCE-118020-J7H3W9, OCE118021-J1L3C9, OCE-118022-P3H2W7
Public Body: Kildare County Council
Article of the Reg.: Art.7(5) Art.8(a)(i) Art.9(1)(c)
Summary: The Commissioner annulled the Council's decisions. He directed the Council to undertake a fresh decision making process in respect of the further relevant environmental information sought by the appellant and to undertake a fresh decision making process in respect of the information withheld from two of the records already identified.
Date: 12-07-2023
Case Number: OCE-118023-V5B1T8, OCE-118024-P1R4D1, OCE-118025- F6J2Q5, OCE-120045-S5B0Q
Public Body: Kildare County Council
Article of the Reg.: Art.7(5) Art.8(a)(i) Art.9(1)(c)
Summary: The Commissioner found that the Department had not complied with its obligations under article 7(3) as it had failed to provide environmental information to the appellant in the form or manner requested by her in circumstances where none of the exceptions contained in article 7(3) could be said to apply.
Date: 10-07-2023
Case Number: OCE-119760-Z5D4W4
Public Body: Department of Agriculture, Food and the Marine
Article of the Reg.: Art.7(3)
Summary: The Commissioner annulled the decision of the IAA and directed it to carry out a fresh decision-making process.
Date: 30-06-2023
Case Number: OCE-127738-G5G7B7
Public Body: Irish Aviation Authority
Article of the Reg.: Art.7(5)
Summary: The Commissioner found that the information sought was environmental information. He found that article 9(1)(c) did not apply to the information sought. He found that article 8(a)(ii) did apply to the information sought, but that the public interest in disclosure outweighed the interest served by refusal.
Date: 07-06-2023
Case Number: OCE-120059-J8M5X7
Public Body: Commission for Regulation of Utilities
Article of the Reg.: Art.3(1) Art.8(a)(ii) Art.9(1)(c)
Summary: The Commissioner annulled the EPA's decision in respect of information regarding 1,223 non-drinking water registrations coming within the scope of this review. He directed the EPA to undertake a fresh decision making process in respect of that information.
Date: 01-06-2023
Case Number: OCE-120518-X2W6N8
Public Body: Environmental Protection Agency
Article of the Reg.: Art.8(a)(i) Art.8(a)(iii) Art.9(1)(a)
Summary: The Commissioner found that article 7(3) of the Regulations did not apply in the circumstances of the case. He annulled the Council's decision and directed release of the requested information.
Date: 01-06-2023
Case Number: OCE-128164-Z1W0K0
Public Body: Fingal County Council
Article of the Reg.: Art.7(3)
Summary: The Commissioner annulled the Department's decision in each case and directed the Department to undertake a fresh decision-making process in respect of each request.
Date: 30-05-2023
Case Number: OCE-125285-R5R7T4, OCE-120471-J6M2B9, OCE-125080-H6N7N8, OCE-119761-F1D1Q9, OCE-125566-Z6L2Z3
Public Body: Department of Agriculture, Food and the Marine
Article of the Reg.: Art.7(5)
Summary: The Commissioner annulled the Department's decision in each case and directed the Department to undertake a fresh decision-making process in respect of each request.
Date: 30-05-2023
Case Number: OCE-125567-P6G3H5, OCE-125768-L4S6W8, OCE-125790-Z0S2H6, OCE-125793-Y8F4B0, OCE-125856-V9Z3Y1
Public Body: Department of Agriculture, Food and the Marine
Article of the Reg.: Art.7(5)