Summary: The Commissioner found that RTÉ was justified in its decision to refuse the request on the basis that it did not hold environmental information within the scope of the request. She varied the decision to reflect her findings. She found that RTÉ comes within the definition of ''public authority'' in the Regulations and the Directive. She found that items 2 and 3 of the request did not come within the definition of environmental information. She further found that section 7(5) of the Regulations allows RTÉ to refuse a request in relation to items 1 and 4 of the request on the basis that the information is not held by it.
Date: 10-05-2010
Case Number: CEI/09/0015
Public Body: RTÉ
Article of the Reg.: Art.7(5)
Summary: In accordance with article 12(5) of the Regulations, the Commissioner reviewed the decision of the Board and found that by reference to Articles 4 and 7 of the Regulations, the Board was not required in the circumstances of this case to provide the transcript which it did not hold . She found that its decision to refuse the request should have given reasons as to why the information was being provided in a format other than that requested and that it should have taken steps to ensure the easy accessibility of the information in the alternative format. Given the furnishing to the appellant in November 2009 of accessible versions of the information in audio format, she did not give any further directions to the Board.
Date: 30-03-2010
Case Number: CEI/09/0006
Public Body: An Bord Pleanála
Article of the Reg.:
Summary: The Commissioner found that the Council was not justified in its original decision to refuse the request on the basis that it did not hold any environmental information within the scope of the request.
Date: 15-03-2010
Case Number: CEI/08/0006
Public Body: Kildare County Council
Article of the Reg.: Art.7(5) Art.8(a)(iv) Art.9(1)(c)
Summary: In accordance with article 12(5) of the Regulations, the Commissioner reviewed the decision of the Board and found that it was justified in its decision to refuse the request. However, she varied the basis for the decision. The Commissioner was not satisfied that the Directive or the Regulations gave her jurisdiction to direct a public authority to release information in records which had not been created at the time the Appellant made the request.
Date: 24-02-2010
Case Number: CEI/09/0007
Public Body: An Bord Pleanála
Article of the Reg.: Art.4(1)
Summary: In accordance with article 12(5) of the Regulations, the Commissioner reviewed the decision of the Board and found that it was justified in its decision to refuse the request. However, she varied the basis for the decision. The Commissioner was not satisfied that the Directive or the Regulations gave her jurisdiction to direct a public authority to release information in records which had not been created at the time the appellant made the request. She also found that the provisions of Article 4(1) apply to the information sought as it is required to be made available to the public under another statutory provision i.e. Section 146(3) of the Planning and Development Act, 2000, as amended.
Date: 24-02-2010
Case Number: CEI/09/0005
Public Body: An Bord Pleanála (the Board)
Article of the Reg.: Art.4(1)
Summary: In accordance with article 12(5) of the Regulations, the Commissioner reviewed the decision of the EPA and found that the EPA was justified in its decision to refuse the request. However, she varied the basis for the decision and found that the provisions of Article 7(3) apply to the information sought which is held by the EPA and that the provisions Article 7(5) apply to the information which is not held. In addition, she commented on the making available of information for public viewing.
Date: 28-10-2009
Case Number: CEI/09/0004
Public Body: Environmental Protection Agency
Article of the Reg.: Art.7(3) Art.7(5)
Summary: The Commissioner found that the Department's decision to refuse parts of the request was not justified except in relation to those parts of the information which she found qualified for legal professional privilege. She found that certain records and parts of records came within the exception in Article 8(a)(iv) of the Regulations and that, in accordance with Article 10, the public interest in granting that part of the request did not outweigh the interest served by refusing it. She found that the other withheld records did not come within the exceptions in Articles 8 and 9 of the Regulations and she directed their release. She thereby varied the decision of the Department and directed it to make environmental information available to the Appellant. Her decision also commented upon the handling of the request by the Department.
Date: 27-10-2009
Case Number: CEI/08/0012
Public Body: Department of the Environment, Heritage and Local Government
Article of the Reg.: Art.8(a)(iv)
Summary: The Commissioner found that the information at issue constitutes environmental information within the meaning of article 3(1) of the AIE Regulations.
Date: 21-05-2021
Case Number: OCE-93420-N1Y6Y4
Public Body: Department of Housing, Planning and Local Government
Article of the Reg.: Art.3(1)