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)
Summary: The Commissioner annulled the decision of the Department and directed that a fresh decision-making process be carried out in respect of the appellant's request.
Date: 03-10-2022
Case Number: OCE-108532-W5W7Z8
Public Body: Department of Agriculture, Food and the Marine
Article of the Reg.: Art.8(a)(i) Art.8(a)(iii) Art.9(2)(a)
Summary: The Commissioner annulled the decision of daa. He found that daa had not taken all reasonable steps to identify information relevant to the appellant's request and directed that further searches be carried out to identify any additional information held by or on behalf of daa. The Commissioner found that a further 8 documents already identified by daa were within or partially within the scope of the request. He directed release of these documents, save for certain information which should be withheld under articles 8(a)(i) and 9(2)(c) of the AIE Regulations.
Date: 28-09-2022
Case Number: OCE-93476-Z2S5Q2
Public Body: Dublin Airport Authority plc
Article of the Reg.: Art.7(3) Art.8(a)(i) Art.8(a)(iv) Art.9(1)(c) Art.9(2)(c) Art.9(2)(d)
Summary: The Commissioner annulled the Council's decision. He directed the Council to undertake a fresh decision making process in respect of the appellant's revised request.
Date: 29-08-2022
Case Number: OCE-101481-F8W5X3
Public Body: Kerry County Council
Article of the Reg.: Art.9(2)(a) Art.9(2)(b)
Summary: The Commissioner found that he did have jurisdiction to consider the appeal and that Coillte was not justified in treating the request as invalid under article 6(1)(c) of the AIE Regulations.
Date: 29-08-2022
Case Number: OCE-124853-T4T4P0, [Plus 57 other cases]
Public Body: Coillte
Article of the Reg.: Art.6(1)
Summary: The Commissioner found that the information requested was ''environmental information'' within the meaning of the AIE Regulations and that ESB was not entitled to rely on article 9(1)(d) of the AIE Regulations to refuse access to that information.
Date: 26-08-2022
Case Number: OCE-94897-N8Y8Y3
Public Body: ESB
Article of the Reg.: Art.3(1) Art.9(1)(d)
Summary: The Commissioner found that the Council was justified in refusing the request for an engineer's report relating to the commercial units and for refusing the request for further information on the report relating to the shop under Article 7(5) of the AIE Regulations. The Council was not justified in redacting certain information from the records provided.
Date: 18-08-2022
Case Number: OCE-107642-Y3F7P3
Public Body: Dún Laoghaire Rathdown County Council
Article of the Reg.: Art.7(5) Art.8(a)(i)