Summary: The Commissioner found that the request does not relate to information on emissions into the environment as per article 10(1). He found, after weighing the public interest in accordance with article 10(3), that article 9(1)(c) justifies the non-disclosure of the withheld information. As that was his finding, it was not necessary for him to consider article 8(a)(iv). Accordingly, the Commissioner did not require the Department to make environmental information available to the appellant.
Date: 15-02-2018
Case Number: CEI/17/0045
Public Body: Department of Communications, Climate Action and Environment
Article of the Reg.: Art.9(1)(c) Art.10(1)
Summary: In accordance with article 12(5) of the Regulations, the Commissioner reviewed TII's decision. The Commissioner found that TII was not justified in refusing the appellant's request. The Commissioner accordingly annulled TII's decision. However, as TII granted the appellant access to the information it requested during the course of the review, the Commissioner did not make any other findings on this appeal.
Date: 14-02-2018
Case Number: CEI/17/0006
Public Body: Transport Infrastructure Ireland
Article of the Reg.:
Summary: The Commissioner found that the Department was justified in refusing the request for the submission on the basis that it was not environmental information for the purposes of the AIE Regulations. The Commissioner also found that the Department was justified in refusing the request for the minutes on the basis that the information is not held by or for the Department.
Date: 13-02-2018
Case Number: CEI/17/0021
Public Body: The Department of Transport, Tourism and Sport
Article of the Reg.: Art.3(1) Art.7(5)
Summary: The Commissioner found that Coillte's decision was justified by the reason given. He therefore affirmed Coillte's decision.
Date: 18-12-2017
Case Number: CEI/17/0011
Public Body: Coillte Teoranta
Article of the Reg.: Art.7(5)
Summary: In accordance with article 12(5) of the Regulations, the Commissioner reviewed the HSE's decision on the appellant's request. The Commissioner noted that the HSE holds information which it did not take into account when making its decision on the AIE request. The Commissioner was satisfied that this new information falls within the scope of the appellant's request. On this basis, he found the HSE's decision to be inadequate, and therefore he annulled the HSE's internal review decision. The Commissioner noted that the HSE has now disclosed the newly identified information to the appellant in full. In circumstances where the Commissioner was satisfied with the HSE's account of the information it holds, he made no further recommendation on this appeal.
Date: 18-12-2017
Case Number: CEI/16/0049
Public Body: Health Service Executive
Article of the Reg.: Art.12(5)
Summary: The Commissioner found that ESB Networks Business Unit is not a Public Authority within the meaning of the AIE Regulations. He was satisfied that it is a division of ESB, which is a Public Authority within the meaning of the AIE Regulations. Accordingly, he affirmed ESB's decision that ESB Networks Business Unit is not a Public Authority.
Date: 13-12-2017
Case Number: CEI/17/0001
Public Body: ESB Networks Business Unit
Article of the Reg.:
Summary: The Commissioner found that the Department was justified in refusing the appellant's request for information on the grounds that it was acting in a legislative capacity within the meaning of article 3(2) of the AIE Regulations. As a result, the Department is not a public authority for the purposes of the AIE Regulations and is outside the scope of the AIE Regulations.
Date: 11-12-2017
Case Number: CEI/17/0023
Public Body: Department of Transport, Tourism and Sport
Article of the Reg.:
Summary: The Commissioner found that ESB's decision was justified by the reason given. Accordingly, he affirmed ESB's decision.
Date: 11-12-2017
Case Number: CEI/17/0010
Public Body: ESB
Article of the Reg.: Art.7(5)
Summary: In accordance with article 12(5) of the Regulations, the Commissioner reviewed the Council's decision on the appellant's request. The Commissioner noted that the Council holds information which it did not take into account when making its decision on the AIE request. The Commissioner was satisfied that this new information fell within the scope of the appellant's request. On this basis, he found the Council's decision to be inadequate, and therefore annulled the Council's internal review decision. The Commissioner noted that the Council has now disclosed the newly identified information to the appellant. In circumstance where the Commissioner was satisfied with the Council's account of the information it holds, he made no further recommendation on this appeal.
Date: 08-12-2017
Case Number: CEI/16/0051
Public Body: Meath County Council
Article of the Reg.: Art.12(5)
Summary: The Commissioner found that the Council was not justified in refusing the appellant's AIE request under article 7(3)(a)(i) of the AIE Regulations. In doing so, he stated that a request can only be granted under article 7(3)(a)(i). Nevertheless, he accepted that where a person does not request information in a particular form or manner, a public authority may grant access to an AIE request by directing the person to where the information is publicly available in an easily accessible manner. However, in the circumstances of the case the Commissioner found that the Council had not taken adequate steps to identify and locate information covered by the appellant's AIE request. Accordingly, he found that the Council was not justified in refusing the appellant's AIE request. The Commissioner annulled the Council's decision in full and expressed his expectation that it would make a new decision on the request in accordance with the AIE Regulations.
Date: 27-11-2017
Case Number: CEI/17/0014
Public Body: Galway County Council
Article of the Reg.: