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)
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)