Summary: The Commissioner found that the Council did not carry out its new internal review process in line with article 11 of the AIE Regulations. Accordingly, no valid internal review process had been carried out.
Date: 06-12-2024
Case Number: OCE-149935-L0S6B3
Public Body: Limerick City and County Council
Article of the Reg.: Art.7(5) Art.11(2)
Summary: The Commissioner varied the decision and found that the Department is justified in withholding certain information under article 9(1)(b) of the AIE Regulations
Date: 06-12-2024
Case Number: OCE-143336-S8Z4K4
Public Body: Department of Agriculture, Food and the Marine
Article of the Reg.: Art.9(1)(b)
Summary: The Commissioner found that the OPW was not justified in refusing the appellant’s request based on article 7(5), had provided no evidence of having carried out adequate searches to identify all relevant information and was not justified in relying on article 8(a)(iv) to withhold one record in full and release one further record in redacted form as it had not provided sufficient reasons for doing so. Accordingly, the Commissioner directed the OPW to conduct a fresh decision-making process, to conduct a further search for relevant information and to reconsider its refusal and redaction of the said records.
Date: 06-12-2024
Case Number: OCE-144138-L8X2M3
Public Body: Office of Public Works
Article of the Reg.: Art.7(1) Art.7(5) Art.8(a)(iv) Art.9(1)(b)
Summary: The Commissioner annulled Coillte’s decision. He directed Coillte to undertake a fresh internal review decision-making process in respect of the appellant’s request.
Date: 06-12-2024
Case Number: OCE-129327-G3R3L5
Public Body: Coillte
Article of the Reg.: Art.9(1)(d)
Summary: The Commissioner found that DAA’s reliance on article 9(1)(c) of the AIE Regulations was not justified and directed it to undertake a fresh decision-making process in respect of the environmental information in accordance with the AIE Regulations. He also found that DAA has acted in accordance with article 5(2) of the AIE Directive and article 15(1) of the AIE Regulations.
Date: 05-12-2024
Case Number: OCE-150828-H3X0F8
Public Body: DAA Public Limited Company
Article of the Reg.: Art.9(1)(c) Art.15(1)
Summary: The Commissioner found that the Council had not conducted reasonable and adequate searches to identify the information relevant to the request and annulled the Council’s decision on this basis, directing it to conduct a fresh decision-making process, to include reasonable and adequate searches.
Date: 29-11-2024
Case Number: OCE-152588-H5D6M3
Public Body: Kerry County Council
Article of the Reg.: Art.7(1) Art.7(5)
Summary: The Commissioner annulled Coillte`s decision in each case and directed Coillte to undertake a fresh decision-making process in respect of each request.
Date: 28-11-2024
Case Number: OCE-151261-P3B7F3, OCE-150695-V1N1P1, OCE-149988-H0F1M7, OCE-149610-P4T0K4 and OCE-148948-Y6K1Z7
Public Body: Coillte
Article of the Reg.: Art.7(3)
Summary: The Commissioner annulled the decision of Cork City Council to refuse the release of the Information requested. The Commissioner directed release of the one record found and directed that a new internal review decision be carried out in respect of the remainder of the request.
Date: 28-11-2024
Case Number: OCE-152065-G6R4N2
Public Body: Cork City Council
Article of the Reg.: Art.3(1) Art.7(5) Art.9(1)(c)
Summary: The Commissioner annulled the Department’s decision under article 9(2)(c) of the AIE Regulations. He directed the Department to carry out a new internal review decision-making process in respect of the information at issue.
Date: 28-11-2024
Case Number: OCE-150539-V0C2J9
Public Body: Department of Environment, Climate and Communications
Article of the Reg.: Art.9(2)(c)
Summary: The Commissioner found that the information requested by the appellant in this case falls within the definition of “environmental information” contained in article 3(1)(c) of the AIE Regulations.
Date: 28-11-2024
Case Number: OCE-147274-W9X3W9
Public Body: DAA Public Limited Company
Article of the Reg.: Art.3(1)