Summary: The Commissioner found that the Department had failed to adhere to the timelines for decision-making as set out in article 7(8) of the AIE Regulations, but did ultimately release all requested information to the appellant.
Date: 12-05-2023
Case Number: OCE-131983-N2F3X9
Public Body: Department of Public Expenditure, NDP Delivery and Reform
Article of the Reg.: Art.7(8)
Summary: The Commissioner found that the Council was justified in refusing part of the request under article 7(5) of the AIE Regulations as it does not hold the records in question. The Council was not justified in redacting information from the records which were released. The Commissioner directed release of the relevant unredacted records.
Date: 31-03-2023
Case Number: OCE-124303-G4V2N6
Public Body: Galway County Council
Article of the Reg.: Art.7(5) Art.8(a)(i)
Summary: The Commissioner affirmed the Department's decision to refuse access to the information sought on the basis that it is not "environmental information" within the meaning of the definition in article 3(1) of the AIE Regulations.
Date: 30-03-2023
Case Number: OCE-118395-Y6B8D7
Public Body: Department of Foreign Affairs
Article of the Reg.:
Summary: The Commissioner found that article 9(2)(a) of the Regulations did not provide grounds for refusal and remitted the matter to the OPW for fresh consideration.
Date: 29-03-2023
Case Number: OCE-115424-T4K5P6
Public Body: Office of Public Works
Article of the Reg.: Art.7(5) Art.9(2)(a)
Summary: The Commissioner found that the Department was not justified in refusing the information sought on the basis that it was not environmental information. He annulled the Department's decision and remitted the matter for full consideration of the request.
Date: 27-03-2023
Case Number: OCE-116233-H0K1M3
Public Body: Department of Agriculture, Food and the Marine
Article of the Reg.: Art.3(1)
Summary: The Commissioner found that the Department had not established that reasonable and appropriate searches had been conducted to identify and retrieve environmental information within the scope of the appellant's request and remitted the matter to the Department for further consideration.
Date: 23-03-2023
Case Number: OCE-119758-L8R2B8
Public Body: Department of Agriculture, Food and the Marine
Article of the Reg.: Art.7(5)
Summary: The Commissioner found that the Department had not complied with its obligations under article 7(3) as it had failed to provide environmental information to the appellant in the form or manner requested by her in circumstances where none of the exceptions contained in article 7(3) could be said to apply.
Date: 23-03-2023
Case Number: OCE-118952-D7H1Q2
Public Body: Department of Agriculture, Food and the Marine
Article of the Reg.: Art.7(3)
Summary: The Commissioner found that the requested information was held by ESBNDAC within the meaning of the AIE Regulations. He annulled the decision of ESBNDAC and directed that a fresh decision-making process be carried out.
Date: 20-03-2023
Case Number: OCE-107135-P8N2Q0
Public Body: ESB Networks DAC
Article of the Reg.: Art.3(1) Art.7(1)
Summary: The Commissioner found that the Paul Hogarth Company is not a public authority within the meaning of the definition in article 3(1) of the AIE Regulations. Accordingly, the Company was not obliged to process the appellants request for access to environmental information. The Commissioner has no further jurisdiction in relation to this matter.
Date: 20-03-2023
Case Number: OCE-114766-J4X0Y7
Public Body: The Paul Hogarth Company
Article of the Reg.: Art.3(1)
Summary: The Commissioner annulled the decision of the FAC and directed it to carry out a fresh decision-making process in respect of the records at issue.
Date: 06-03-2023
Case Number: OCE-111727-H7J5J7
Public Body: Forestry Appeals Committee
Article of the Reg.: Art.3(2) Art.8(a)(iv)