Decisions

The Commissioner found that the records at issue are "environmental information" within the meaning of paragraph (c) of the definition in article 3(1) of the AIE Regulations. He annulled the Department's decision and directed it to undertake a fresh decision-making process in respect of the records

The Commissioner was not satisfied that refusal of the withheld information was justified on the grounds of legal privilege nor was he satisfied that any adverse impact on the course of justice had been made out such that the grounds for refusal contained in article 9(1)(b) could be relied on in the circumstances of the case. He directed the Council to release the information requested. He also remitted the matter to the Council to determine whether any further information held by the Council at the time of the request had been withheld from the appellant

The Commissioner found that: (1) The fee charged by the Department in each case was not reasonable, within the meaning of article 15(1) of the AIE Regulations; and (2) The Department has not complied with the duty in article 15(2) of the AIE Regulations because the published fees are not reasonable.

The Commissioner found that the supporting letter at issue is “environmental information” within the meaning of paragraph (c) of the definition in article 3(1) of the AIE Regulations. He annulled the Council’s decision and directed it to undertake a fresh decision-making process in respect of the letter.

The Commissioner found that the Department's refusal to provide access to the information requested was not justified under article 9(2)(a).

The Commissioner found that the Council was justified in refusing access to the information requested on the basis that the request was manifestly unreasonable. The Commissioner affirmed the Council’s decision

The Commissioner found that information in scope of the request held by Bord na Móna Biomass Limited was held for BnM plc. Accordingly, BnM plc was not justified in refusing access to the information on the basis of article 7(1) and (5) of the AIE Regulations

The Commissioner found that, while article 9(2)(c) did apply to the draft Guidelines, the public interest in the disclosure of those Guidelines outweighed the interest served by their refusal. As such, he directed their release

The Commissioner found that it was reasonable to conclude that no relevant environmental information was held by or for the Department following its carrying out of adequate searches and thus, article 7(5) of the AIE regulations applied

In each case, the Commissioner found that the information was not held by or for the Council and article 7(5) of the AIE Regulations applied