Summary: The Commissioner found that it was reasonable to conclude that no further relevant environmental information was held by or for the EPA following its carrying out of adequate searches and, thus, article 7(5) of the AIE Regulations applied
Date: 08-03-2021
Case Number: OCE-93416-D1Z0Y9
Public Body: Environmental Protection Agency
Article of the Reg.: Art.7(5)
Summary: The Commissioner found that the Department was not justified in its decision refusing access to the requested information on the basis that it was not environmental information. He found that the requested information was environmental information pursuant to article 3(1)(c) of the AIE Regulations. The Commissioner annulled the Departments decision in full, and expressed his expectation that it would make a new decision on the request in accordance with the AIE Regulations.
Date: 23-02-2021
Case Number: OCE-93480-F7W4P3
Public Body: Department of Housing, Planning and Local Government
Article of the Reg.: Art.3(1)
Summary: In affirming daa's decision, the Commissioner found that it had, at this point in time, taken adequate steps to search for and provide the appellant with access to the environmental information falling within the scope of parts A and C of the request that is held by or for daa. He went on to find that article 7(5) of the AIE Regulations applied and that no further environmental information falling within the scope of parts A and C the request is held by or for the daa at this time.
Date: 18-12-2020
Case Number: OCE-93479-G1X3H3
Public Body: Dublin Airport Authority Public Limited Company
Article of the Reg.: Art.7(5)
Summary: The Commissioner found that the Department was justified in not providing access to certain information because it did not hold the information. He found that refusal to provide access to certain other information was not justified on the ground of articles 8(a)(iv) or 9(1)(c) and he required the Department to release it
Date: 10-12-2020
Case Number: OCE-93468-X5H1G3 (legacy reference CEI/19/0027)
Public Body: Department of Housing, Local Government and Heritage
Article of the Reg.: Art.7(5) Art.8(a)(iv) Art.9(1)(c)
Summary: The Commissioner found that the Council's refusal of access to the correspondence regarding the RSA reports for the KCAS under article 8(a)(iv) of the AIE Regulations was not justified. Accordingly, he required the Council to disclose the correspondence to the appellant
Date: 24-12-2020
Case Number: OCE-93398-X5T7P3
Public Body: Kilkenny County Council (the Council)
Article of the Reg.: Art.8(a)(iv)
Summary: Having carried out a review in accordance with article 12(5) of the AIE Regulations, the Commissioner varied the decision of the Department. He found that article 9(1)(c) of the AIE Regulations applied to certain excerpts in two of the records at issue. He found that the Department's decision to refuse access to the remaining records was not justified and therefore directed the release of the information.
Date: 21-09-2020
Case Number: OCE-93471-V0C2T6
Public Body: The Department of Communications, Climate Action and Environment
Article of the Reg.: Art.8(a)(ii) Art.8(a)(iv) Art.9(1)(c)
Summary: Having carried out a review in accordance with article 12(5) of the AIE Regulations, the Commissioner found that the Departments decision to refuse access to the records sought was not justified and therefore directed the release of the information.
Date: 21-09-2020
Case Number: OCE-93467-S3L2Z8
Public Body: The Department of Communications, Climate Action and Environment
Article of the Reg.: Art.8(a)(ii) Art.8(a)(iv) Art.9(1)(c)
Summary: The Commissioner found that CRG is a public authority within the meaning of article 3(1)(b) of the public authority definition. He annulled CRG's decision and directed that a fresh decision-making process be undertaken in accordance with the AIE Regulations.
Date: 21-09-2020
Case Number: OCE-93421-T8F8W7
Public Body: Celtic Roads Group (Dundalk) DAC (CRG)
Article of the Reg.: Art.3(1)
Summary: Having carried out a review in accordance with article 12(5) of the AIE Regulations, the Commissioner varied the decision of the Department. He found that article 8(a)(iv) of the AIE Regulations applied to the majority of the records at issue. He found that the Department's decision to refuse access to certain records or parts thereof was not justified and directed the release of the information contained therein.
Date: 04-08-2020
Case Number: OCE-93406-G5Y0Y0 (previously CEI/20/0001)
Public Body: The Department of Communications, Climate Action and the Environment (the Department)
Article of the Reg.: Art.8(a)(iv)
Summary: The Commissioner noted that the IAA's refusal of the request was a deemed refusal. Since deemed refusals are refusals without reasons, the Commissioner found that refusal was not justified and he annulled it. He decided that it would not be appropriate to require the IAA to release specific information since it has not been established that the IAA holds relevant information. Noting that the IAA said that it is possible that it holds such information, the Commissioner remitted the matter to the IAA for a fresh search and decision. He noted the IAA's stated willingness to provide the appellant with the requested information if it is found.
Date: 22-07-2020
Case Number: CEI/20/0009
Public Body: Irish Aviation Authority
Article of the Reg.: Art.12(5)