Summary: The Commissioner noted that the IAA's refusal of the request was a deemed refusal. Since deemed refusals are refusals without reasons, the Commissioner found that refusal was not justified and he annulled it. He decided that it would not be appropriate to require the IAA to release specific information since it has not been established that the IAA holds relevant information. Noting that the IAA said that it is possible that it holds such information, the Commissioner remitted the matter to the IAA for a fresh search and decision. He noted the IAA's stated willingness to provide the appellant with the requested information if it is found.
Date: 22-07-2020
Case Number: CEI/20/0009
Public Body: Irish Aviation Authority
Article of the Reg.: Art.12(5)
Summary: Ms B and EirGrid Having carried out a review in accordance with article 12(5) of the AIE Regulations, the Commissioner varied the decision of EirGrid. He found that articles 8(a)(i) and 9(1)(c) of the AIE Regulations applied to certain parts of the records relating to the grid connection between the proposed solar farm and the electricity system. He found that EirGrid's decision to refuse access to other relatively small parts of the records was not justified and directed the release of that information.
Date: 10-07-2020
Case Number: CEI/19/0005
Public Body: EirGrid
Article of the Reg.: Art.8(a)(i) Art.9(1)(c)
Summary: The Commissioner affirmed EirGrids decision, while varying its reasons. He found that the withheld information is environmental information within the meaning of article 3, but that refusal was not justified on the ground of internal communications (article 9(2)(d)). He found that refusal of access to some of the information was justified on the ground of commercial confidentiality (article 9(1)(c)) and refusal of access to the remaining information was justified because disclosure would adversely affect the confidentiality of the proceedings of public authorities (article 8 (a)(iv)).
Date: 07-07-2020
Case Number: CEI/19/0014
Public Body: EirGrid
Article of the Reg.: Art.3(1) Art.8(a)(iv) Art.9(1)(c) Art.9(2)(d)
Summary: The Commissioner found that the CBI was justified in refusing access to the information requested on the basis that the information concerned is not environmental information within the meaning of the definition in article 3(1) of the AIE Regulations. Accordingly, he held that the CBI was not obliged to process the appellants request for access to the information and that he had no further jurisdiction in relation to the matter
Date: 02-07-2020
Case Number: Central Bank of Ireland
Public Body: CEI/19/0015
Article of the Reg.:
Summary: The Commissioner found that the ICC is a public authority within the meaning of article 3(1)(b) of the public authority definition and that the information sought is environmental information under article 3(1)(c) of the environmental information definition. He annulled the ICCs decision and directed that a fresh decision-making process be undertaken in accordance with the AIE Regulations
Date: 01-07-2020
Case Number: CEI/19/0057
Public Body: Irish Coursing Club
Article of the Reg.:
Summary: The Commissioner found that the Department was justified in refusing access to the 2014 licence application on the basis that article 8(a)(iv) of the AIE Regulations in conjunction with section 29 of the FOI Act. He affirmed the Department?s decision accordingly
Date: 17-06-2020
Case Number: CEI/19/0006
Public Body: Department of Agriculture, Food and the Marine
Article of the Reg.:
Summary: The Commissioner found, after taking account of the provisions of articles 8(a)(i) and 10 of the AIE Regulations and article 4(2) of the AIE Directive, that the EPA was justified in refusing access to the requested information
Date: 15-06-2020
Case Number: CEI/19/0023
Public Body: Environmental Protection Agency
Article of the Reg.: Art.8(a)(i)
Summary: Having carried out a review in accordance with article 12(5) of the AIE Regulations, the Commissioner found that the Department was justified in refusing access to the records or parts thereof, under article 8(a)(iv) of the AIE Regulations on the basis of legal professional privilege. The Commissioner affirmed the Department?s decision
Date: 05-06-2020
Case Number: CEI/19/0025
Public Body: Department of Communications, Climate Action and Environment
Article of the Reg.: Art.8(a)(iv)
Summary: Having carried out a review in accordance with article 12(5) of the AIE Regulations, the Commissioner varied the decision of the Department. He found article 8(a)(iv) of the AIE Regulations applied to certain parts of the redactions made from the Felling SOP document. He found that the Department?s decision to refuse access to other redacted parts of the document was not justified and directed the release of that information
Date: 05-06-2020
Case Number: CEI/19/0055
Public Body: Department of Agriculture, Food and the Marine
Article of the Reg.: Art.8(a)(iv)
Summary: The Commissioner found that daa was not justified in refusing the appellant's request for access to the report at issue under article 9(2)(c) of the Regulations. Accordingly, he annulled daa's decision and directed the release of the report
Date: 03-06-2020
Case Number: CEI/19/0046
Public Body: daa public limited company
Article of the Reg.: Art.9(2)(c)