Summary: The Commissioner found that the Department's internal-review decision was not justified, because the decision-maker did not consider the relevant version of the diary. However, since that version is no longer available, the Commissioner was unable to determine if it contained any environmental information. Accordingly, the Commissioner did not consider it appropriate for him to annul the decision or to require the Department to provide the appellant with further information.
Date: 16-03-2017
Case Number: CEI/16/0033
Public Body: Department of Arts, Heritage, Regional, Rural and Gaeltacht Affairs
Article of the Reg.:
Summary: The Commissioner found that the Department's internal-review decision was not justified, because the decision-maker did not consider the relevant version of the diary. However, since that version is no longer available, the Commissioner was unable to determine if it contained any environmental information. Accordingly, the Commissioner did not consider it appropriate for him to annul the decision or to require the Department to provide the appellant with further information.
Date: 16-03-2017
Case Number: CEI 16 0032
Public Body: Department of Arts, Heritage, Regional, Rural and Gaeltacht Affairs
Article of the Reg.:
Summary: The Commissioner found that the Council was not justified in refusing to provide the appellant with access to a map showing land it had acquired by compulsory purchase, and he required the Council to provide the appellant with a copy of that map
Date: 16-03-2017
Case Number: CEI/16/0029
Public Body: Dun Laoghaire - Rathdown County Council
Article of the Reg.:
Summary: In accordance with article 12(5) of the AIE Regulations, the Commissioner reviewed the decision of IDA Ireland and found that it was justified in refusing access to the information sought under article 7(5) of the Regulations. He affirmed the decision of IDA Ireland accordingly.
Date: 20-02-2017
Case Number: CEI/16/0020
Public Body: Industrial Development Agency (IDA)
Article of the Reg.:
Summary: Under article 12(5) of the AIE Regulations, the Commissioner reviewed the decision of the Department. He affirmed the Department's decision to refuse the appellant's request for access to environmental information, but varied the reasons for refusal. He found that the Department was not justified in its decision that the information requested did not fall within the definition of "environmental information" set out in article 3(1). He found that the appellant's request does not relate to emissions into the environment for the purposes of article 10(1). The Commissioner found that the Department was partly justified in refusing to provide access to information on identifiable individuals recorded as owners or operators of peat extraction sites, on the basis that the exception under article 8(a)(i) applied to this information. He found that the Department was not justified in its decision that article 8(a)(i) applied to other information contained in the Peatlands Survey, to the extent that such information does not refer to identifiable individuals. He found that the Department was not justified in its decision that the exception under article 8(a)(ii) applied to the information requested. The Commissioner found that the exceptions under article 8(a)(iv) and 9(2)(d) do not apply in the present case. He found that article 9(1)(b) applies to the information requested, as disclosure of the information requested would adversely affect the course of justice. He found that the public interest in disclosure of the requested information did not outweigh the interests served by refusal under articles 8(a)(i) and 9(1)(b).
Date: 31-01-2017
Case Number: CEI/15/0016
Public Body: Department of the Environment, Community and Local Government
Article of the Reg.: Art.3(1) Art.9(1)(b) Art.10(1)
Summary: The Commissioner found that the Department was not justified in refusing access for the reasons given. He annulled the Department's decision and required the Department to provide the appellant with access to certain information.
Date: 16-01-2017
Case Number: CEI/16/0004
Public Body: Department of Agriculture, Food and the Marine
Article of the Reg.: Art.9(2)(c) Art.9(2)(d)
Summary: The Commissioner noted that the Department had provided the appellants with access to a large number of records, and he found that it was justified in refusing access to some of the withheld information. The Commissioner found that the Department was not justified in refusing access to certain information relating to correspondence between the Department and the European Commission and to certain records relating to tendering for works. Accordingly, he varied the Department's decision and required it to make that information available to the appellants.
Date: 20-12-2016
Case Number: CEI/15/0024
Public Body: Arts, Heritage, Regional, Rural and Gaeltacht Affairs
Article of the Reg.: Art.9(1)(b)
Summary: In accordance with article 12(5) and article 11(5)(a) of the AIE Regulations, the Commissioner reviewed the contention by Mr Michael Neary, a property arbitrator appointed by the Reference Committee under the Acquisition of Land (Assessment of Compensation) Act 1919, that he is not a public authority for the purposes of the AIE Regulations. The Commissioner found that the property arbitrator falls within paragraphs (a) and (b) of the definition of "public authority" set out in paragraph 3(1) of the AIE Regulations, and is therefore a "public authority" for the purposes of the AIE Regulations. The Commissioner found that the property arbitrator does not fall within paragraph (c) of the definition. The Commissioner also considered whether the property arbitrator is excluded from the definition of "public authority" by virtue of article 3(2) of the AIE Regulations, as a person acting in a judicial capacity. The Commissioner found that article 3(2) does not apply to the Office of property arbitrator. The Commissioner stated that the property arbitrator should process the appellant's request in line with the AIE Regulations.
Date: 28-11-2016
Case Number: CEI/15/0026
Public Body: Statutory Property Arbitrator
Article of the Reg.: Art.3(1) Art.3(2)
Summary: In accordance with article 12(5) of the AIE Regulations, the Commissioner reviewed the internal review decision of the Department. He found that the Department was justified in refusing access to the information sought in the first part of the request on the ground that it did not fall within the definition of environmental information set out in article 3(1) of the AIE Regulations. He found that the Department was justified in refusing the second part of the appellant's request on the ground that the exception under article 9(2)(b) applied, i.e. this part of the request remained formulated in too general a manner, notwithstanding the Department's invitation to the appellant to make a more specific request, as provided for under article 7(8). Accordingly, the Commissioner affirmed the Department's internal review decision in full.
Date: 10-11-2016
Case Number: CEI/15/0018
Public Body: Department of Environment, Community and Local Government
Article of the Reg.: Art.3(1) Art.7(8) Art.9(2)(b)
Summary: Chinn an Coimisinéir go raibh an ceart ag an gComhairle gan rochtain ar fhormhór na faisnéise a bhí á lorg a thabhairt ar na cúiseanna a soláthróidh. Chinn sé nárbh chóir gan rochtain a thabhairt i litir amháin. Dá réir sin, d'athraigh an Coimisinéir cinneadh na Comhairle agus chuir sé í faoi cheangal rochtain a thabhairt don litir sin.
Date: 04-11-2016
Case Number: CEI/15/0021
Public Body: Comhairle Chontae na Mí
Article of the Reg.: Art.3(1) Art.7(5)