Summary: The Commissioner found that (i) the request related to information on emissions into the environment such that article 10(1) applied and articles 8(a)(i) and 8(a)(iv) could not be relied upon; (ii) article 9(1)(b) provided the Council with grounds for the refusal of some, but not all, of the information in respect of which that article was relied upon; (iii) article 9(2)(d) did not provide the Council with grounds to refuse certain information requested. He therefore upheld the refusal of certain information and directed the Council to release the remaining information within the scope of the appellant's request.
Date: 19-10-2023
Case Number: OCE-132005-T6H0N5
Public Body: Longford County Council
Article of the Reg.: Art.8(a)(i) Art.8(a)(iv) Art.9(1)(b) Art.9(2)(d) Art.10(1)
Summary: The Commissioner annulled the Department's decision and directed it to undertake a fresh decision making process.
Date: 18-10-2023
Case Number: OCE-133286-Q7G0H6
Public Body: Department of Agriculture, Food and the Marine
Article of the Reg.: Art.7(5)
Summary: The Commissioner found that the articles 9(2)(a) & 9(2)(b) of the AIE Regulations did not provide grounds for refusal in the circumstances of the case and remitted the case to the Department for fresh consideration.
Date: 17-10-2023
Case Number: OCE-129253-V8R6Z0
Public Body: Department of Agriculture, Food and the Marine
Article of the Reg.: Art.9(2)(a) Art.9(2)(b)
Summary: The Commissioner annulled the decision of the Council and directed it to undertake a fresh decision-making process in respect of that information.
Date: 10-10-2023
Case Number: OCE-138269-Y2J4B1
Public Body: Dun Laoghaire Rathdown County Council
Article of the Reg.: Art.7(5)
Summary: The Commissioner annulled the Department's decision and directed it to undertake a fresh decision making process.
Date: 02-10-2023
Case Number: OCE-124934-S2K4B4
Public Body: Department of Agriculture, Food and the Marine
Article of the Reg.: Art.7(5) Art.9(1)(c)
Summary: The Commissioner found that article 9(2)(a) of the AIE Regulations did not provide grounds for refusal in the circumstances of the case and remitted the matter to Coillte to undertake a fresh decision-making process.
Date: 15-09-2023
Case Number: OCE-130454-P8G5D2
Public Body: Coillte
Article of the Reg.: Art.9(2)(a)
Summary: The Commissioner found that the information requested was ''environmental information'' and remitted the matter to the Department for further consideration.
Date: 01-09-2023
Case Number: OCE-127083-R3M4C1
Public Body: Department of Agriculture, Food and Marine
Article of the Reg.: Art.3(1)
Summary: The Commissioner found that the Council was not justified in refusing the release of the requested information to the appellant. The Commissioner noted that the Council has now disclosed all information he considers to be within the scope of the AIE request.
Date: 01-09-2023
Case Number: OCE-110745-C2C9S9
Public Body: Meath County Council
Article of the Reg.: Art.7(3) Art.8(a)(i)
Summary: The Commissioner annulled the Department's decisions. He directed the Department to undertake a fresh decision making process in respect of each of the appellant's requests.
Date: 31-08-2023
Case Number: OCE-118384-M1X5T9, OCE-118412-N4R7L8, OCE-118414-N8P5T6, OCE-118415-B0V3W9, OCE-118416-P0M2J
Public Body: Department of Defence
Article of the Reg.: Art.7(3) Art.7(3)(a) Art.7(3)(b) Art.7(4) Art.7(4)(a) Art.7(4)(b) Art.7(4)(c) Art.7(4)(d) Art.7(5)
Summary: The Commissioner found that the Council 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 him in circumstances where none of the exceptions contained in article 7(3) could be said to apply.
Date: 31-08-2023
Case Number: OCE-136180-Q6G7B9
Public Body: Fingal County Council
Article of the Reg.: Art.7(3)