Summary: The Commissioner held that RPS was not a public authority for the purposes of the AIE Regulations. The Commissioner accepted that RPS was not government or other public administration, including a public advisory body under article 3(1)(a). Neither was it a natural or legal person performing public administrative functions under national law under article 3(1)(b) of the AIE Regulations. He found that RPS, a private company contracted by Wexford County Council through a public procurement process to carry out noise monitoring on wind farms in County Wexford, did not have public responsibilities or functions nor was it providing public services. Accordingly, the Commissioner found that RPS was not a public authority under 3(1)(c) of the AIE Regulations.
Date: 10-05-2018
Case Number: CEI/17/0015
Public Body: RPS Consulting Engineers Ltd (RPS)
Article of the Reg.:
Summary: As in the course of this review the Department located further information relevant to the AIE request, the Commissioner found that the Department's decision that access had been granted to all information held by or for it falling within the scope of the AIE request was not justified. The Commissioner varied the Department's decision and found that it had, at this point in time, taken all reasonable steps to search for and provide the appellant with the information within the scope of the request. He went on to find that article 7(5) of the AIE Regulations applied to those aspects of the request for which information was not provided.
Date: 10-05-2018
Case Number: Case CEI/17/0027
Public Body: Department of Arts, Heritage, Regional, Rural and Gaeltacht Affairs (the Department)
Article of the Reg.:
Summary: The Commissioner found that while the Council said it had refused the request, it had in fact part-granted it by providing access to most of the requested information. He found that neither of the reasons given by the Council justified its refusal to provide access to the withheld information. He decided it would be appropriate for him to require the Council to provide the appellant with access to the withheld environmental information relating to the first part of the request and expressed his expectation that the Council will make a fresh decision on the second part.
Date: 27-04-2018
Case Number: CEI/17/0032
Public Body: Wexford County Council (the Council)
Article of the Reg.: Art.9(2)(c)
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 was in the scope of the AIE request. In circumstances where the Commissioner was satisfied with the Council's account of the information it holds, he made no further recommendation on this but made some observations on this appeal
Date: 24-04-2018
Case Number: CEI/17/0034
Public Body: Kilkenny County Council (the Council)
Article of the Reg.: Art.9(1)(b)
Summary: The Commissioner found that OCC's decision to refuse to provide the appellant with access to information on the grounds of commercial sensitivity was not justified, as the AIE Regulations do not permit refusal for that reason. He therefore annulled OCC?s refusal decision. The Commissioner decided to formally require OCC to provide the appellant with access to the data on waste types and quantities submitted in AERs for 2015 by the holders of the waste-facility permits specified in the AIE request. He decided that it would be not be appropriate to require OCC to provide access to waste destination data from the same reports, on industrial confidentiality grounds, as provided by article 9(1)(c) of the AIE Regulations.
Date: 24-04-2018
Case Number: CEI/17/0005
Public Body: Offaly County Council (OCC)
Article of the Reg.: Art.9(1)(c)
Summary: The Commissioner found that Mr Neary acts in a judicial capacity when performing his statutory function and is therefore not a public authority within the meaning of article 3 of the AIE Regulations, when so acting
Date: 29-03-2018
Case Number: CEI/17/0016
Public Body: Michael Neary, Property Arbitrator
Article of the Reg.: Art.3(2)
Summary: The Commissioner found that Raheenleagh Power DAC is not a public authority within the meaning of article 3 of the AIE Regulations
Date: 28-03-2018
Case Number: CEI/17/0030
Public Body: Raheenleagh Power DAC
Article of the Reg.:
Summary: Summary of Commissioner's Decision: The Commissioner found that Raheenleagh Power DAC is not a public authority within the meaning of article 3 of the AIE Regulations
Date: 26-03-2018
Case Number: CEI/17/0012
Public Body: Raheenleagh Power DAC (RPDAC)
Article of the Reg.:
Summary: Summary of Commissioner's Decision: The Commissioner found that the Department was justified in refusing the request for information on the basis that the information identified as being relevant to the AIE request was not environmental information within the meaning of the AIE Regulations. The Commissioner also found that the Department fulfilled its obligations under article 7 of the AIE Regulations when processing the appellant's AIE request.
Date: 26-03-2018
Case Number: CEI/17/0018
Public Body: Department of Justice, Equality and Law Reform
Article of the Reg.: Art.3(1)
Summary: Summary of Commissioner's Decision: The Commissioner found that EirGrid was not justified in redacting the information. Accordingly, he varied EirGrid's decision and required it to make the withheld information available to the appellant.
Date: 15-02-2018
Case Number: CEI/16/0039
Public Body: EirGrid plc
Article of the Reg.: Art.9(1)(c)