Summary: The Commissioner found that the Department was not justified in refusing the information sought on the basis that it was not environmental information. He annulled the Department's decision and remitted the matter for full consideration of the request.
Date: 27-03-2023
Case Number: OCE-116233-H0K1M3
Public Body: Department of Agriculture, Food and the Marine
Article of the Reg.: Art.3(1)
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: 23-03-2023
Case Number: OCE-119758-L8R2B8
Public Body: Department of Agriculture, Food and the Marine
Article of the Reg.: Art.7(5)
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: 23-03-2023
Case Number: OCE-118952-D7H1Q2
Public Body: Department of Agriculture, Food and the Marine
Article of the Reg.: Art.7(3)
Summary: The Commissioner found that the requested information was held by ESBNDAC within the meaning of the AIE Regulations. He annulled the decision of ESBNDAC and directed that a fresh decision-making process be carried out.
Date: 20-03-2023
Case Number: OCE-107135-P8N2Q0
Public Body: ESB Networks DAC
Article of the Reg.: Art.3(1) Art.7(1)
Summary: The Commissioner found that the Paul Hogarth Company is not a public authority within the meaning of the definition in article 3(1) of the AIE Regulations. Accordingly, the Company was not obliged to process the appellantÂ’s request for access to environmental information. The Commissioner has no further jurisdiction in relation to this matter.
Date: 20-03-2023
Case Number: OCE-114766-J4X0Y7
Public Body: The Paul Hogarth Company
Article of the Reg.: Art.3(1)
Summary: The Commissioner annulled the decision of the FAC and directed it to carry out a fresh decision-making process in respect of the records at issue.
Date: 06-03-2023
Case Number: OCE-111727-H7J5J7
Public Body: Forestry Appeals Committee
Article of the Reg.: Art.3(2) Art.8(a)(iv)
Summary: The Commissioner found that the Department was not justified in refusing access to the records sought under Article 3(1) of the AIE Regulations. The Commissioner annulled the decision of the Department and directed the Department to undertake a fresh decision making process in respect of the appellants request.
Date: 06-03-2023
Case Number: OCE-109192-Q3C0F2
Public Body: Department of Agriculture, Food and the Marine
Article of the Reg.: Art.3(1)
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: 20-01-2023
Case Number: OCE-118975-C8L3Z6
Public Body: Department of Agriculture, Food and the Marine
Article of the Reg.: Art.7(4)(a) Art.7(5)
Summary: The Commissioner found that the Department had not complied with the requirements of the AIE Regulations and remitted the matter to the Department directing it to undertake a fresh decision-making process.
Date: 19-01-2023
Case Number: OCE-118678-F2W1Q9
Public Body: Department of Agriculture, Food and the Marine
Article of the Reg.: Art.7(4) Art.9(2)(c)
Summary: The Commissioner annulled Coillte's decision in respect of record 4. He directed the release of the record, subject to the redaction of information that falls outside the scope of this review.
Date: 06-01-2023
Case Number: OCE-109584-Z8S5F4
Public Body: Coillte
Article of the Reg.: Art.9(2)(d)