Summary: The Commissioner found that the Department was not justified in its reliance on articles 9(2)(a) and 9(2)(b), nor was its reliance on article 8(a)(i), 8(a)(ii), and 8(a)(iii) justified. He annulled the Department’s decision and directed it to undertake a fresh decision-making process.
Date: 07-02-2024
Case Number: OCE-127674-Q7S7W3
Public Body: Department of Agriculture, Food and the Marine
Article of the Reg.: Art.3 Art.8(a)(i) Art.8(a)(ii) Art.8(a)(iii) Art.9(2)(a) Art.9(2)(b)
Summary: The Commissioner found that article 7(3) of the Regulations did not apply in the circumstances of the case. He annulled the Council’s decision and directed release of the information
Date: 07-02-2024
Case Number: OCE-137439-K5X9M8
Public Body: Cavan County Council
Article of the Reg.: Art.7(3) Art.9(1)(c) Art.9(2)(c) Art.9(2)(d)
Summary: The Commissioner found that the information was not held by or for Coillte and article 7(5) of the AIE Regulations applied.
Date: 07-02-2024
Case Number: OCE-132562-W9P1C6
Public Body: Coillte
Article of the Reg.: Art.7(5)
Summary: The Commissioner annulled the decision of the Department in its entirety and directed it to carry out a fresh decision-making process on the request.
Date: 29-01-2024
Case Number: OCE-112753-L1J3Q4
Public Body: Department of Housing, Local Government and Heritage
Article of the Reg.: Art.7(5) Art.9(1)(c)
Summary: The Commissioner annulled the decision of the FAC and directed release of the records in question.
Date: 17-01-2024
Case Number: OCE-112017-Z2Z7B2
Public Body: Forestry Appeals Committee
Article of the Reg.: Art.8(a)(iv) Art.9(1)(b)
Summary: The Commissioner found that the Department had not established that reasonable and appropriate searches had been conducted to identify and retrieve environmental information within the scope of the appellant’s request and remitted the matter to the Department for further consideration.
Date: 29-01-2024
Case Number: OCE-136552-Z3P3Q5
Public Body: Department of Agriculture, Food and the Marine
Article of the Reg.: Art.7(5)
Summary: The Commissioner found that the Department had not established that reasonable and appropriate searches had been conducted to identify and retrieve environmental information within the scope of the appellant’s request and remitted the matter to the Department for further consideration.
Date: 29-01-2024
Case Number: OCE-132731-B8R6H2
Public Body: Department of Agriculture, Food and the Marine
Article of the Reg.: Art.5
Summary: The Commissioner found that the information sought was environmental information within the meaning of article 3(1) of the AIE Regulations and annulled the decision of ABP
Date: 24-01-2024
Case Number: OCE-135932-T9P5G5
Public Body: An Bord Pleanála
Article of the Reg.: Art.3(1)
Summary: The Commissioner annulled ESBNDAC's decision and directed release of the relevant records.
Date: 21-12-2023
Case Number: OCE-103363-N4S3M2
Public Body: ESB Networks DAC
Article of the Reg.: Art.9(1)(a) Art.9(1)(d)
Summary: The Commissioner annulled ESB's decision and directed release of the relevant records.
Date: 21-12-2023
Case Number: OCE-103365-V1F3H9
Public Body: Electricity Supply Board
Article of the Reg.: Art.9(1)(a) Art.9(1)(d)