Summary: The Commissioner annulled NSAI's decision to give access to the standards at issue by way of in situ examination free of charge subject to the acceptance of terms under article 7(3)(a)(ii) of the AIE Regulations on the ground that NSAI did not, in either the original decision or the internal review decision, follow the process as set out in the AIE Regulations. He directed NSAI to undertake a fresh decision-making process in respect of the appellants' request in accordance with the AIE Regulations.
Date: 21-10-2022
Case Number: OCE-100065-V5F5W9
Public Body: National Standards Authority of Ireland
Article of the Reg.: Art.7(3)
Summary: The Commissioner found that: (i) the requested information is environmental information; (ii) article 7(3) of the Regulations did not apply in the circumstances of the case; (iii) article 9(2)(c) of the Regulations did not provide grounds for refusal of the information as the public interest in disclosure outweighed any interest in refusal; and (iv) the existence of the licensing agreement with OSI did not provide grounds for refusal of the request.
Date: 20-10-2022
Case Number: OCE-108934-T4M4T2
Public Body: National Transport Authority
Article of the Reg.: Art.3(1) Art.7(3) Art.9(1)(d) Art.9(2)(c)
Summary: The Commissioner found that the DPC is a public authority within the definition provided by the AIE Regulations and that the information sought was environmental information. He found that refusal of the requested information was not justified under article 8(a)(iv), 9(1)(d), 9(2)(c) or 9(2)(d) of the AIE Regulations. He annulled the decision of the DPC and directed the release of the information sought.
Date: 20-10-2022
Case Number: OCE-108025-S8H1W8
Public Body: Data Protection Commission
Article of the Reg.: Art.3(2) Art.8(a)(iv) Art.9(1)(d) Art.9(2)(c) Art.9(2)(d)
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: 13-10-2022
Case Number: OCE-125767-S6L1K7
Public Body: Department of Agriculture, Food and the Marine
Article of the Reg.: Art.9(2)(d)
Summary: The Commissioner found that the refusal was not justified for the reasons given. He annulled the decision of the Department and directed release of the information sought. He directed the Department to undertake a fresh decision-making process in respect of one part of the request
Date: 12-10-2022
Case Number: OCE-109049-J9H0Z6
Public Body: Department of Housing, Local Government and Heritage
Article of the Reg.: Art.7(5) Art.9(1)(d) Art.9(2)(c)
Summary: The Commissioner found that the interest in withholding limited sections of the draft EIS on the basis of article 9(2)(c) of the AIE Regulations outweighed the public interest in disclosure of the information and upheld daa's reliance on the exception in respect of those limited sections. He found that the public interest in disclosure of the remaining sections of the draft EIS (i.e. the majority of the draft EIS) outweighed the interest served by withholding it and accordingly directed partial release of the draft EIS.
Date: 12-10-2022
Case Number: OCE-108539-Y0R2X8
Public Body: daa Public Limited Company
Article of the Reg.: Art.9(2)(c)
Summary: The Commissioner found that the Department failed to comply with the provisions of the AIE Regulations in processing the request and annulled the Department's decision. He did not, however, direct the Department to undertake a fresh decision-making process as the information requested had already been provided to the appellant.
Date: 11-10-2022
Case Number: OCE-116197-B6X0M5
Public Body: Department of Agriculture, Food and the Marine
Article of the Reg.: Art.7(2)(a) Art.7(10)
Summary: The Commissioner varied the Council's decision. While he affirmed the Council's decision to refuse access to additional information relating to parts 1, 2, 3, 4, 10, 11, 12, 16, 17, 18, 24, 25, 30, 31, 32, 33, 34, 35, 37, 38, 39, 4a, 5a, 6a, and 7a of the appellant's request under article 7(5) of the AIE Regulations, he annulled its decision in respect of part 26 and directed it to undertake a fresh decision making process in respect of that part. He also annulled its decision to refuse access to certain information contained in Documents 4 and 6 under article 9(1)(c) of the AIE Regulations and directed it to undertake a fresh decision making process in respect of that information.
Date: 10-10-2022
Case Number: OCE-101468-T5S2X3
Public Body: Kerry County Council
Article of the Reg.: Art.7(5) Art.9(1)(c)
Summary: The Commissioner annulled the Council's decision on the ground that it had not carried out a review of the appellant's request at either stage of the process. He directed it to undertake a fresh decision-making process in respect of the appellant's request.
Date: 07-10-2022
Case Number: OCE-127809-W0D0Y8
Public Body: Fingal County Council
Article of the Reg.: Art.12(5)
Summary: The Commissioner found that the Council's refusal to provide access to the environmental information was not justified under article 7(5) of the AIE Regulations. He directed the Council to undertake a fresh decision-making process.
Date: 05-10-2022
Case Number: OCE-123434-G9L7L2
Public Body: Clare County Council
Article of the Reg.: Art.7(5)