Summary: In accordance with article 12(5) of the Regulations, the Commissioner has reviewed the decision of the Department and finds that the information sought, apart from that provided by the Department in response to the original request, is not held at this time and Article 7(5) of the Regulations applies. She affirms the decision of the Department accordingly.
Date: 28-10-2010
Case Number: CEI/11/0003
Public Body: Department of Communications, Energy and Natural Resources
Article of the Reg.: Art.7(5)
Summary: The Commissioner found that the Department was justified in its decision to refuse the request except insofar as it related to information provided to the Applicant in the course of the appeal on the basis that it did not hold further environmental information within the scope of the request. She found that section 7(5) of the Regulations allows a public authority to refuse a request on the basis that the information requested is not held by it.
Date: 27-09-2010
Case Number: CEI/09/0016
Public Body: Department of Communications, Energy and Natural Resources
Article of the Reg.: Art.7(5)
Summary: None
Date: 16-07-2010
Case Number: CEI/10/0002
Public Body: An Bord Pleanála
Article of the Reg.: Art.7(5)
Summary: The Commissioner found that UCD was justified in its decision to refuse the request on the basis that it did not hold environmental information within the scope of the request. She found that section 7(5) of the Regulations allows UCD refuse a request on the basis that the information is not held by it
Date: 02-07-2010
Case Number: CEI/10/0008
Public Body: University College Dublin
Article of the Reg.: Art.7(5)
Summary: The Commissioner found that Eirgrid was justified in its decision to refuse the request on the basis that it did not hold environmental information within the scope of the request. She found that section 7(5) of the Regulations allows Eirgrid to refuse a request on the basis that the information is not held by it.
Date: 14-06-2010
Case Number: CEI/10/0004
Public Body: Eirgrid PLC
Article of the Reg.: Art.7(5)
Summary: The Commissioner found that IDA was justified in its decision to refuse the request on the basis that it did not hold environmental information within the scope of the request. She found that section 7(5) of the Regulations allows IDA to refuse a request on the basis that the information is not held by it.
Date: 02-06-2010
Case Number: CEI/10/0003
Public Body: IDA
Article of the Reg.: Art.7(5)
Summary: The Commissioner found that RTÉ was justified in its decision to refuse the request on the basis that it did not hold environmental information within the scope of the request. She varied the decision to reflect her findings. She found that RTÉ comes within the definition of ''public authority'' in the Regulations and the Directive. She found that items 2 and 3 of the request did not come within the definition of environmental information. She further found that section 7(5) of the Regulations allows RTÉ to refuse a request in relation to items 1 and 4 of the request on the basis that the information is not held by it.
Date: 10-05-2010
Case Number: CEI/09/0015
Public Body: RTÉ
Article of the Reg.: Art.7(5)
Summary: In accordance with article 12(5) of the Regulations, the Commissioner reviewed the decision of the Board and found that by reference to Articles 4 and 7 of the Regulations, the Board was not required in the circumstances of this case to provide the transcript which it did not hold . She found that its decision to refuse the request should have given reasons as to why the information was being provided in a format other than that requested and that it should have taken steps to ensure the easy accessibility of the information in the alternative format. Given the furnishing to the appellant in November 2009 of accessible versions of the information in audio format, she did not give any further directions to the Board.
Date: 30-03-2010
Case Number: CEI/09/0006
Public Body: An Bord Pleanála
Article of the Reg.:
Summary: The Commissioner found that the Council was not justified in its original decision to refuse the request on the basis that it did not hold any environmental information within the scope of the request.
Date: 15-03-2010
Case Number: CEI/08/0006
Public Body: Kildare County Council
Article of the Reg.: Art.7(5) Art.8(a)(iv) Art.9(1)(c)
Summary: In accordance with article 12(5) of the Regulations, the Commissioner reviewed the decision of the Board and found that it was justified in its decision to refuse the request. However, she varied the basis for the decision. The Commissioner was not satisfied that the Directive or the Regulations gave her jurisdiction to direct a public authority to release information in records which had not been created at the time the Appellant made the request.
Date: 24-02-2010
Case Number: CEI/09/0007
Public Body: An Bord Pleanála
Article of the Reg.: Art.4(1)