Summary: The Commissioner found that ABP was not acting in a judicial capacity and was therefore a "public authority" for the purposes of the appeal. He also found that article 8(a)(iv) did not provide grounds for refusal and directed release of the information requested.
Date: 22-07-2022
Case Number: OCE-99704-X4S2K0
Public Body: An Bord Pleanála
Article of the Reg.: Art.3(2) Art.8(a)(iv)
Summary: The Commissioner found that the Council's refusal to provide access to the information requested was not justified under article 9(2)(a). He directed the Council to undertake a fresh decision-making process.
Date: 22-07-2022
Case Number: OCE-115930-K6M6J0
Public Body: Roscommon County Council
Article of the Reg.: Art.9(2)(a)
Summary: The Commissioner annulled the decision of the Council and directed release of some of the information identified as relevant to the request. He directed the Council to carry out a fresh decision-making process in respect of the remaining documents.
Date: 14-07-2022
Case Number: OCE-108792-Z9S0M1
Public Body: Donegal County Council
Article of the Reg.: Art.9(1)(b) Art.10(5)
Summary: The Commissioner found that the request has not been dealt with in accordance with Article 4(5) of the Directive. The Commissioner therefore annulled the Department's decision and remitted the matter for fresh consideration by the Department.
Date: 14-07-2022
Case Number: OCE-120668-K4W4F2
Public Body: Department of Agriculture, Food and the Marine
Article of the Reg.: Art.9(1)(b) Art.10(5)
Summary: The Commissioner annulled the LDA's decision. He directed the LDA to undertake a fresh decision making process in respect of each of the four requests.
Date: 01-07-2022
Case Number: OCE-111820-N9T6W7, OCE-111842-S3M9P3, OCE-111844-T0F6R5, OCE-111846-Z5C9T1
Public Body: Land Development Agency
Article of the Reg.: Art.9(2)(a)
Summary: The Commissioner found that IFI was not justified in refusing the release of the requested information to the appellant. The Commissioner noted that IFI has now disclosed all information he considers was in the scope of the AIE request.
Date: 23-06-2022
Case Number: OCE-114454-M0D7N0
Public Body: Inland Fisheries Ireland (IFI)
Article of the Reg.: Art.12(5)
Summary: The Commissioner annulled the Council's decision. He directed the Council to undertake a fresh decision making process in respect of the appellant's request.
Date: 22-06-2022
Case Number: OCE-114298-Q2G5R4
Public Body: Meath County Council
Article of the Reg.: Art.7(3)
Summary: The Commissioner found that the request has not been dealt with in accordance with Articles 3(4) and 4(5) of the Directive
Date: 14-06-2022
Case Number: OCE-120470-F3T1B5
Public Body: Department of Agriculture, Food and the Marine
Article of the Reg.: Art.10(3) Art.10(4) Art.10(5) Art.11(4)
Summary: The Commissioner found that article 8(a)(iv) did not provide grounds for refusal of the information requested and directed release of that information to the appellant.
Date: 14-06-2022
Case Number: OCE-119334-J1N2B3
Public Body: An Bord Pleanála
Article of the Reg.: Art.8(a)(iv)
Summary: The Commissioner affirmed the decision of the Department.
Date: 10-06-2022
Case Number: OCE-118418-T4Y4L5 and OCE-118417-H6X6J4
Public Body: Department of Defence
Article of the Reg.: Art.7(5)