Summary: In accordance with Article 12(5) of the AIE Regulations, the Commissioner reviewed the decision of An Garda Síochána and found that it was justified in refusing access to the information concerned on the ground that it is not environmental information within the meaning of the Regulations. He affirmed the decision of An Garda Síochána accordingly.
Date: 11-12-2015
Case Number: CEI/13/0013
Public Body: An Garda Síochána
Article of the Reg.: Art.3(1)
Summary: In accordance with Article 12(5) of the AIE Regulations, the Commissioner reviewed the decision of ESB and found that it was justified in refusing the request under Article 9(2)(a) of the Regulations. He affirmed the decision of ESB accordingly.
Date: 11-12-2015
Case Number: CEI/13/0010
Public Body: ESB Networks
Article of the Reg.: Art.9(2)(a)
Summary: In accordance with article 12(5) of the AIE Regulations, the Commissioner reviewed the decision of SEAI and found that its refusal to provide access to the information requested was justified because, having regard to the definition of "environmental information" and article 4(1) of the Regulations, the study and related records do not contain environmental information. Accordingly, the Commissioner affirmed SEAI's decision to refuse the request, while varying the grounds for refusal.
Date: 11-12-2015
Case Number: CEI/13/0005
Public Body: Sustainable Energy Authority of Ireland
Article of the Reg.: Art.4(1)
Summary: In accordance with Article 12(5) and Article 11(5)(a) of the Regulations, the Commissioner reviewed the contention by the IFPO that it was not a public authority for the purposes of the Regulations. Having considered the jurisprudence of the Court of Justice of the European Union and the specific rules applicable to the IFPO, the Commissioner found that the IFPO is not a public authority for the purposes of the AIE Regulations as it does not constitute government or public administration, nor does it have public administrative functions, nor is it under the control of a public authority.
Date: 30-11-2015
Case Number: CEI/15/0011
Public Body: Irish Fish Producers' Organisation Limited
Article of the Reg.: Art.3(1) Art.11(5)
Summary: The Commissioner found that Coillte was justified in refusing access to information which was not environmental information and to environmental information which was not held by or for Coillte. Accordingly, the Commissioner affirmed Coillte's decision, while partly varying the grounds justifying refusal.
Date: 02-11-2015
Case Number: CEI/14/0011
Public Body: Coillte Teoranta
Article of the Reg.: Art.7(5)
Summary: In accordance with Article 12(5) of the AIE Regulations, the Commissioner reviewed the decision of the EPA. He varied the decision of the EPA and found that the EPA has taken has taken all reasonable steps to provide the appellant with the information sought and that Article 7(5) applies to any further information which, in the appellant's view, should be made available to him.
Date: 01-10-2015
Case Number: CEI/13/0002
Public Body: Environmental Protection Agency
Article of the Reg.: Art.7(5)
Summary: In accordance with Article 12(5) of the AIE Regulations, the Commissioner reviewed the decision of the EPA. He affirmed its decision and found that it was justified in refusing access to the information sought on the grounds that the request did not comply with Article 6(1)(d) of the Regulations i.e. the requirement that a request shall state, in terms that are as specific as possible, the environmental information that is the subject of the request.
Date: 01-10-2015
Case Number: CEI/13/0007
Public Body: Environmental Protection Agency
Article of the Reg.: Art.6(1)(d)
Summary: In accordance with Article 12(5) of the AIE Regulations, the Commissioner reviewed the decision of the EPA. He affirmed its decision and found that it was justified in refusing access to the information sought on the grounds of Article 6(1)(d) of the Regulations i.e. the requirement that a request shall state, in terms that are as specific as possible, the environmental information that is the subject of the request.
Date: 01-10-2015
Case Number: CEI/13/0017
Public Body: Environmental Protection Agency
Article of the Reg.: Art.6(1)(d)
Summary: The Commissioner found that the requested information is environmental information within the meaning of the Regulations and found that refusal to provide access was not justified The Commissioner annulled Coillte's decision and directed Coillte to provide access to the information requested
Date: 01-10-2015
Case Number: CEI/13/0008
Public Body: Coillte Teoranta
Article of the Reg.: Art.8(a)(i) Art.8(a)(iv) Art.9(1)(c) Art.9(2)(c) Art.9(2)(d)
Summary: In accordance with Article 12(5), the Commissioner reviewed the decision of the Council. The Commissioner affirmed the decision of the Council that the request was not valid; however he varied the basis for the decision. The Commissioner agreed with the Council?s finding that the request was invalid as it did not disclose the name of a natural or legal person. The Commissioner?s decision differed in finding that social media correspondence was a valid electronic means by which a request could be made under Article 6(1)(a) of the Regulations, and in finding that a social media website could constitute a valid address for the purpose of Article 6(1)(c) of the Regulations. The Commissioner affirmed the practice of recognising associations, organisations, and groups where details of representative members are provided, but found that no representative had been nominated in this case.
Date: 21-08-2015
Case Number: CEI/14/0017
Public Body: Wexford County Council
Article of the Reg.: Art.6(1)(a) Art.6(1)(c)