Summary: The Commissioner found that the Department was not justified in refusing the appellant's request. He found that the information on the dates of travel, departure point and destination, flying time and the number of passengers is environmental information under article 3(1)(c). He found that the information on the departure point and destination, and the dates of those journeys, is environmental information under article 3(1)(b). The Commissioner did not accept the assertion that the information is excluded from the scope of the AIE Regulations on the basis that it relates to the President. He was also not satisfied that article 8(a)(i), 8(a)(ii) or 9(1)(a) applied to the information as claimed. Accordingly, he annulled the Department's decision and required it to make the information available to the appellant.
Date: 30-05-2019
Case Number: CEI/16/0041
Public Body: Department of Defence (the Department)
Article of the Reg.:
Summary: Having carried out a review in accordance with article 12(5) of the AIE Regulations, the Commissioner varied the Council's decision. He found that refusal of information on contractor designed temporary and permanent works was justified under article 9(1)(c). However, he required release of redacted versions of two Method Statements for the construction of cofferdams in accordance with article 10(5).
Date: 29-05-2019
Case Number: CEI/17/0039
Public Body: Kilkenny County Council
Article of the Reg.: Art.9(1)(c) Art.10(5)
Summary: The Commissioner found that, in the circumstances of this case, Article 13.8.1° of the Constitution precludes the OSGP from being subject to the review procedure under Article 6 of the AIE Directive in so far as the information relates to the exercise and performance of the powers and functions of the President. He therefore found that the OSGP is not a public authority within the meaning of article 3 of the AIE Regulations, as amended by S.I. No. 309 of 2018 European Communities (Access to Information on the Environment) (Amendment) Regulations 2018, for the purposes of this review. Accordingly, the Commissioner found that he has no jurisdiction to review the OSGP's decision on this AIE request.
Date: 29-05-2019
Case Number: CEI/17/0017
Public Body: Office of the Secretary General to the President (the OSGP)
Article of the Reg.:
Summary: The Commissioner found that the document was not held by or for the Council when it received the AIE request. Accordingly, he affirmed the Council?s refusal to provide access to the document for that reason.
Date: 24-05-2019
Case Number: CEI/18/0042
Public Body: Kildare County Council
Article of the Reg.:
Summary: The Commissioner found that most of the requested environmental information was made available to the appellant. He was satisfied that the remaining information formed part of the internal communications of the Cabinet and thus fell within the article 9(2)(d) exception. He found that the public interest in the disclosure of this information did not outweigh the interest served by protecting the confidentiality of those communications. He therefore affirmed the Department?s decision and did not require it to take any action.
Date: 30-04-2019
Case Number: CEI/17/0042
Public Body: Department of the Taoiseach (the Department)
Article of the Reg.: Art.8(b) Art.9(2)(d)
Summary: The Commissioner found that AIB does not meet the legal definition of public authority in article 3(1) of the AIE Regulations and, therefore, is not a public authority
Date: 11-04-2019
Case Number: CEI/18/0025
Public Body: Allied Irish Banks, p.l.c. (AIB)
Article of the Reg.: Art.3(1)
Summary: The Commissioner found that some of the withheld information is environmental information within the meaning of article 3 of the AIE Regulations. Accordingly, he varied the Department's decision and required it to make a new decision in relation to that information.
Date: 27-03-2019
Case Number: CEI/18/0031
Public Body: Department of Communications, Climate Action & Environment (the Department)
Article of the Reg.:
Summary: The Commissioner found that CRGDAC is not a public authority within the meaning of the AIE Regulations.
Date: 19-03-2019
Case Number: CEI/17/0025
Public Body: Celtic Roads Group (Dundalk) DAC (CRGDAC)
Article of the Reg.: Art.3(1)
Summary: The Commissioner found that while retrieval and photocopying fees are permissible in principle, they were not justified on this occasion because they did not comply with article 15 of the AIE Regulations. Accordingly, the Commissioner annulled that part of the Council?s decision which related to fees and required the Council to give the appellant a fresh decision in relation to fees.
Date: 13-03-2019
Case Number: CEI/18/0038
Public Body: Offaly County Council (the Council)
Article of the Reg.:
Summary: The Commissioner was satisfied that the Partnership is not a public authority within the meaning of article 3(1) of the AIE Regulations
Date: 14-02-2019
Case Number: CEI/18/0044
Public Body: Kilkenny Abbey Quarter Development Partnership
Article of the Reg.: Art.3(1)