Summary: The Commissioner found that refusal was justified because the Courts Service holds such information on behalf of the Courts in a judicial capacity while acting (in effect) as a servant of the Judiciary. When acting in that capacity the Courts Service is not a public authority within the meaning of article 3(1) the AIE Regulations. Accordingly, the Commissioner affirmed the Courts Service's decision.
Date: 07-04-2016
Case Number: CEI/15/0008
Public Body: The Courts Service
Article of the Reg.:
Summary: The Commissioner noted that, following the intervention of his Office in the course of this review, EirGrid provided the appellant with access to all of the information which it held it in relation to part (1) of the request. In accordance with article 12(5) of the AIE Regulations, the Commissioner reviewed EirGrid's decision to refuse access to the remaining information. He found that refusal was justified because some of the information is not held and the information which is held is either not environmental information or is environmental information to which the AIE Regulations do not apply by virtue of article 4(1). Accordingly, the Commissioner affirmed EirGrid's decision to refuse those parts of the request.
Date: 17-02-2016
Case Number: CEI/14/0014
Public Body: Eirgrid
Article of the Reg.:
Summary: In accordance with article 12(5) of the AIE Regulations, the Commissioner reviewed EirGrid's decision and found that refusal to provide access to the information requested was not justified on the grounds of commercial or industrial confidentiality by article 9(1)(c). Accordingly, the Commissioner annulled EirGrid's decision and, citing article 12(5)(c), required Eirgrid to make the information available to the appellant.
Date: 22-01-2016
Case Number: CEI/14/0016
Public Body: Eirgrid
Article of the Reg.: Art.9(1)(c)
Summary: In accordance with Article 12(5) of the AIE Regulations, the Commissioner reviewed the decision of BnM and found that it was justified in refusing the request under Articles 7(5), 8(a)(iv), and 9(1)(b) of the Regulations. He affirmed the decision of BnM accordingly.
Date: 16-12-2015
Case Number: CEI/14/0002
Public Body: Bord na Móna
Article of the Reg.: Art.7(5) Art.8(a)(iv) Art.9(1)(b)
Summary: In accordance with Article 12(5) of the AIE Regulations, the Commissioner reviewed the decision of An Garda Síochána and found that it was justified in refusing access to the information concerned on the ground that it is not environmental information within the meaning of the Regulations. He affirmed the decision of An Garda Síochána accordingly.
Date: 11-12-2015
Case Number: CEI/13/0013
Public Body: An Garda Síochána
Article of the Reg.: Art.3(1)
Summary: In accordance with Article 12(5) of the AIE Regulations, the Commissioner reviewed the decision of ESB and found that it was justified in refusing the request under Article 9(2)(a) of the Regulations. He affirmed the decision of ESB accordingly.
Date: 11-12-2015
Case Number: CEI/13/0010
Public Body: ESB Networks
Article of the Reg.: Art.9(2)(a)
Summary: In accordance with article 12(5) of the AIE Regulations, the Commissioner reviewed the decision of SEAI and found that its refusal to provide access to the information requested was justified because, having regard to the definition of "environmental information" and article 4(1) of the Regulations, the study and related records do not contain environmental information. Accordingly, the Commissioner affirmed SEAI's decision to refuse the request, while varying the grounds for refusal.
Date: 11-12-2015
Case Number: CEI/13/0005
Public Body: Sustainable Energy Authority of Ireland
Article of the Reg.: Art.4(1)
Summary: In accordance with Article 12(5) and Article 11(5)(a) of the Regulations, the Commissioner reviewed the contention by the IFPO that it was not a public authority for the purposes of the Regulations. Having considered the jurisprudence of the Court of Justice of the European Union and the specific rules applicable to the IFPO, the Commissioner found that the IFPO is not a public authority for the purposes of the AIE Regulations as it does not constitute government or public administration, nor does it have public administrative functions, nor is it under the control of a public authority.
Date: 30-11-2015
Case Number: CEI/15/0011
Public Body: Irish Fish Producers' Organisation Limited
Article of the Reg.: Art.3(1) Art.11(5)
Summary: The Commissioner found that Coillte was justified in refusing access to information which was not environmental information and to environmental information which was not held by or for Coillte. Accordingly, the Commissioner affirmed Coillte's decision, while partly varying the grounds justifying refusal.
Date: 02-11-2015
Case Number: CEI/14/0011
Public Body: Coillte Teoranta
Article of the Reg.: Art.7(5)
Summary: In accordance with Article 12(5) of the AIE Regulations, the Commissioner reviewed the decision of the EPA. He varied the decision of the EPA and found that the EPA has taken has taken all reasonable steps to provide the appellant with the information sought and that Article 7(5) applies to any further information which, in the appellant's view, should be made available to him.
Date: 01-10-2015
Case Number: CEI/13/0002
Public Body: Environmental Protection Agency
Article of the Reg.: Art.7(5)