Summary: The Commissioner annulled the Council's decision to grant access to the records at issue. He directed the Council to undertake a fresh decision making process in respect of the records.
Date: 08-06-2022
Case Number: OCE-105228-K7D1P7
Public Body: Fingal County Council
Article of the Reg.: Art.9(1)(b)
Summary: The Commissioner annulled the EPA's decision. He directed the EPA to release records 41 and 42. He also directed the EPA to undertake a fresh decision making process in respect of records 1-26, 28-40, and 43-63 and in respect of the appellant's request for additional relevant environmental information.
Date: 10-05-2022
Case Number: OCE-99411-G9T2S
Public Body: Environmental Protection Agency
Article of the Reg.: Art.7(5) Art.9(1)(d) Art.9(2)(d)
Summary: The Commissioner (i) found that a number of documents provided to his Office by the Council were outside the scope of the request, (ii) found that article 9(1)(b) provided grounds for disclosure of a limited number of documents within scope, and (iii) directed release of the remaining documents to the appellant.
Date: 19-04-2022
Case Number: OCE-95351-T7P5K4
Public Body: Wicklow County Council
Article of the Reg.: Art.8(a)(i) Art.8(a)(ii) Art.8(a)(iii) Art.9(1)(b) Art.9(2)(c) Art.9(2)(d) Art.10(1)
Summary: The Commissioner found that Coillte held additional documents within the scope of the appellant's request and directed their release. He upheld Coillte's reliance on article 9(1)(b) as providing grounds for refusal of information within the scope of the appellant's request which was subject to legal advice privilege.
Date: 14-04-2022
Case Number: OCE-99843-F6K8M8
Public Body: Coillte
Article of the Reg.: Art.7(5) Art.9(1)(b) Art.9(1)(c)
Summary: The Commissioner (i) found that certain information held by the Department was outside the scope of the appellant's request; (ii) found that certain third party information could be redacted from the information disclosed; and (iii) directed release of the remaining information to the appellant.
Date: 10-03-2022
Case Number: OCE-98828-R4K6M9
Public Body: Department of Agriculture, Food and the Marine
Article of the Reg.: Art.8(a)(i) Art.9(1)(a) Art.9(2)(d)
Summary: ESB issued its original decision on 20 September 2019 in which it refused the request on the basis that the information requested did not constitute “environmental information”.
Date: 15-12-2021
Case Number: OCE-93399-G8R1J0
Public Body: Electricity Supply Board (ESB)
Article of the Reg.: Art.3 Art.3(1) Art.7 Art.7(5) Art.9 Art.9(1)(c)
Summary: The Commissioner found that the information at issue (i.e. payment information, the Schedule to a Wayleave Notice and a Deed of Easement relating to the placement of electricity lines by ESB on Coillte lands) was "environmental information". He remitted the matter to Coillte for further consideration.
Date: 14-12-2021
Case Number: OCE-93470-B9V8X6
Public Body: Coillte
Article of the Reg.: Art.3 Art.3(1)
Summary: The Commissioner found that it was reasonable to conclude that no relevant environmental information was held by or for the Council following adequate searches and thus, article 7(5) of the AIE regulations applied.
Date: 13-12-2021
Case Number: OCE-107723-Z8B0J8
Public Body: Wicklow County Council
Article of the Reg.: Art.7 Art.7(5)
Summary: The Commissioner found that the information in question was "environmental information" and remitted the matter to the Council for further consideration
Date: 10-12-2021
Case Number: OCE-93472-R5M8V0
Public Body: Kildare County Council
Article of the Reg.: Art.3 Art.3(1)
Summary: The Commissioner found that the Council was not justified in refusing access to the requested information in reliance on article 8(a)(iv) of the AIE Regulations.
Date: 08-12-2021
Case Number: OCE-93408-H1B3M9
Public Body: Fingal County Council
Article of the Reg.: Art.8 Art.8(a)(iv)