Summary: The Commissioner found that the information sought was environmental information. He found that the Council was justified in refusing to release the requested information to the appellant but he varied the reasons for refusal. He decided that it would not be appropriate to require the Council to provide the requested environmental information since, having weighed the public interest under article 10(3), he concluded that its non-disclosure is justified under article 8(a)(iv) of the AIE Regulations.
Date: 05-10-2018
Case Number: CEI/17/0046
Public Body: Kilkenny County Council
Article of the Reg.: Art.3(1) Art.8(a)(iv)
Summary: The Commissioner found that all of the information in the contract is environmental information. He identified the information at issue as comprising all of the information in the contract except that which was either released by daa or excluded from the scope of the appeal. The Commissioner found that refusal to grant access to the information at issue was justified on the ground of article 9(1)(c). He therefore affirmed daa's decision to part-refuse the request, albeit solely on that ground. The Commissioner did not require daa to make environmental information available to the appellant.
Date: 04-10-2018
Case Number: CEI/18/0009
Public Body: daa Public Limited Company
Article of the Reg.: Art.9(1)(c)
Summary: In accordance with article 12(5) of the AIE Regulations, the Commissioner reviewed the Department's decision. He found that processing the AIE request would place an unreasonable administrative burden on the Department so that the AIE request was manifestly unreasonable under article 9(2)(a). He went on to find that the interest in maintaining the exception in article 9(2)(a) outweighed the public interest in disclosing the information sought. He affirmed the Department's decision.
Date: 26-09-2018
Case Number: CEI/17/0047
Public Body: Department of Housing, Planning, Community and Local Government (the Department)
Article of the Reg.: Art.9(2)(a)
Summary: The Commissioner reviewed ABP?s decision and found that refusal was not justified in relation to most of the environmental information on the file sought. He varied ABP?s decision and having considered the matter, he now requires release of the information requested with the exception of the third party information that was not accepted for consideration.
Date: 28-08-2018
Case Number: CEI/17/0031
Public Body: An Bord Pleanála (ABP)
Article of the Reg.: Art.8(a)(iv) Art.9(2)(c)
Summary: Whether NSAI's refusal of the AIE request on the ground that the requested information is not environmental information within the meaning of article 3(1) of the AIE Regulations was justified
Date: 15-08-2018
Case Number: CEI/18/0001
Public Body: Mr K and the National Standards Authority Ireland (NSAI)
Article of the Reg.:
Summary: In accordance with article 12(5) of the AIE Regulations, the Commissioner reviewed the decision of the OPW and found that it was justified in refusing the request for additional documents or records under article 7(5) of the Regulations. He affirmed the decision of the OPW accordingly.
Date: 24-07-2018
Case Number: CEI/17/0050
Public Body: Mr X and The Office of Public Works
Article of the Reg.: Art.7(5)
Summary: The Commissioner found that BIM?s refusal of the request was not justified since it was a deemed refusal without reasons. Accordingly, he annulled that decision. He decided that it would not be appropriate for him to require BIM to provide the appellant with the requested environmental information since its non-disclosure is justified on the ground of article 8(a)(iv) of the AIE Regulations.
Date: 14-06-2018
Case Number: CEI/18/0007
Public Body: Bord Iascaigh Mhara
Article of the Reg.: Art.8(a)(iv)
Summary: Summary of Commissioner's Decision: The Commissioner found that the Council's refusal of the request was not justified. He decided that it would not be appropriate to require the Council to make environmental information available to the appellant at this stage. He expressed his expectation that the Council will deliver a valid initial decision on the request to the appellant without further delay, but in any case no later than 12 July 2018.
Date: 13-06-2018
Case Number: CEI/18/0011
Public Body: Cork County Council
Article of the Reg.:
Summary: Summary of Commissioner's Decision: The Commissioner found that TII's decision to refuse to grant access to the requested information was not justified by the reasons given. However, he decided that the request was manifestly unreasonable within the meaning of article 9(2)(a) and varied TII?s decision to rely instead on that ground. He did not require TII to provide the appellant with access to the requested information.
Date: 29-05-2018
Case Number: CEI/17/0019
Public Body: Transport Infrastructure Ireland (TII)
Article of the Reg.: Art.9(2)(a)
Summary: Summary of Commissioner's Decision: The Commissioner found that refusal to provide access to some of the requested information was justified because TII did not hold it. He found that refusal to provide access to other information in the requested format on the grounds of inability was reasonable and therefore justified. He found that refusal to provide access to metadata, for no stated reason, was not justified. However, he accepted TII's later assurance that it did not hold such information and found that refusal would have been justified on that ground. The Commissioner varied TII?s decision to reflect his findings.
Date: 29-05-2018
Case Number: CEI/17/0026
Public Body: Transport Infrastructure Ireland (TII)
Article of the Reg.: Art.7(3) Art.7(9) Art.12(5)