Summary: The Commissioner found that the Department was justified in refusing access to the redacted information on the basis of the exception in article 9(1)(b) and that the interest in refusal outweighs the public interest in disclosure
Date: 19-11-2021
Case Number: OCE-93415-Y0N1P2
Public Body: Department of Environment, Climate and Communications
Article of the Reg.: Art.9(1)(b)
Summary: The Commissioner found that the Council was not justified in refusing the request as invalid under article 6(1)(c) of the AIE Regulations
Date: 10-11-2021
Case Number: OCE-113791-R0T6G2
Public Body: Donegal County Council
Article of the Reg.: Art.6(1)
Summary: The Commissioner found that: (a) The scope of the request does not include documents which impact on, or are incorporated by reference into, the PPP contract; (b) The PPP contract as a whole is environmental information; (c) TII was not justified in refusing access to the PPP contract on the grounds that the request is manifestly unreasonable; and (d) It is not appropriate in this case to exercise the power in article 12(5)(c), so TII must give fresh consideration to the appellant's request for information
Date: 28-10-2021
Case Number: OCE-108782-X6N0D1
Public Body: Transport Infrastructure Ireland
Article of the Reg.: Art.3 Art.3(1) Art.9(2)(a) Art.12(5)
Summary: The Commissioner found that the records at issue are "environmental information" within the meaning of paragraph (c) of the definition in article 3(1) of the AIE Regulations. He annulled the Department's decision and directed it to undertake a fresh decision-making process in respect of the records
Date: 22-10-2021
Case Number: OCE-102190-N4X6Y3
Public Body: Department of Housing, Local Government and Heritage
Article of the Reg.: Art.3 Art.3(1)
Summary: The Commissioner was not satisfied that refusal of the withheld information was justified on the grounds of legal privilege nor was he satisfied that any adverse impact on the course of justice had been made out such that the grounds for refusal contained in article 9(1)(b) could be relied on in the circumstances of the case. He directed the Council to release the information requested. He also remitted the matter to the Council to determine whether any further information held by the Council at the time of the request had been withheld from the appellant.
Date: 14-10-2021
Case Number: OCE-93401-X4C2M5
Public Body: Kildare County Council
Article of the Reg.: Art.9(1)(b)
Summary: The Commissioner was not satisfied that refusal of the withheld information was justified on the grounds of legal privilege nor was he satisfied that any adverse impact on the course of justice had been made out such that the grounds for refusal contained in article 9(1)(b) could be relied on in the circumstances of the case. He directed the Council to release the information requested. He also remitted the matter to the Council to determine whether any further information held by the Council at the time of the request had been withheld from the appellant
Date: 14-10-2021
Case Number: OCE-93401-X4C2M5
Public Body: Kildare County Council
Article of the Reg.: Art.8(a)(iv) Art.9 Art.9(1)(b)
Summary: The Commissioner found that: (1) The fee charged by the Department in each case was not reasonable, within the meaning of article 15(1) of the AIE Regulations; and (2) The Department has not complied with the duty in article 15(2) of the AIE Regulations because the published fees are not reasonable.
Date: 01-10-2021
Case Number: OCE-105379-F8L2B9, OCE-106896-D5T5W5
Public Body: Department of Agriculture, Food and the Marine
Article of the Reg.: Art.15(1) Art.15(2)
Summary: The Commissioner found that the supporting letter at issue is ''environmental information'' within the meaning of paragraph (c) of the definition in article 3(1) of the AIE Regulations. He annulled the Council's decision and directed it to undertake a fresh decision-making process in respect of the letter.
Date: 24-09-2021
Case Number: OCE-98781-F2M6F5
Public Body: Louth County Council
Article of the Reg.: Art.3
Summary: The Commissioner found that the Department's refusal to provide access to the information requested was not justified under article 9(2)(a).
Date: 17-09-2021
Case Number: OCE-93418-X2F2P8
Public Body: Department of Foreign Affairs
Article of the Reg.: Art.9(2)(a)
Summary: The Commissioner found that the Council was justified in refusing access to the information requested on the basis that the request was manifestly unreasonable. The Commissioner affirmed the Council's decision
Date: 16-09-2021
Case Number: OCE-104048-N2R9G9
Public Body: Tipperary County Council
Article of the Reg.: Art.9(2)(a)