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Various Appellants and Coillte

The Commissioner annulled Coillte's decision in each case and directed Coillte to undertake a fresh decision-making process in respect of each request.

Date

4th August 2023

Case Number

OCE-137137-X0S9V4 OCE-135469-W6N5L2 OCE-128393-H3G5N6 OCE-129455-J9C5R1 OCE-138820-M8X1H8

Public Body

Coillte

Article of the Regulations

Art.7

Various Appellants and Coillte

The Commissioner annulled Coillte's decision in each case and directed Coillte to undertake a fresh decision-making process in respect of each request.

Date

4th August 2023

Case Number

OCE-137743-C3C4Y4 OCE-137273-W3J9M2 OCE-136439-H9S7W5 OCE-133754-N7Y2T4 OCE-135169-Q7L8F6

Public Body

Coillte

Article of the Regulations

Art.7

Ms W and Department of Agriculture, Food and the Marine

The Commissioner found that the request was not dealt with in accordance with Article 7(5) of the Regulations, because the Department: a) failed to provide the appellant with information relevant to the request; b) provided no evidence that it conducted an adequate and reasonable search to enable it to identify and locate information relevant to the request, in accordance with Article 7(5) of the Regulations. The Commissioner therefore annulled the Department's decision and remitted the matter for fresh consideration by the Department.

Date

20th July 2023

Case Number

OCE-119755-L7K7K4

Public Body

Department of Agriculture, Food and the Marine

Article of the Regulations

Art.7,Art.7(5)

Organisation XYZ and Kildare County Council

The Commissioner annulled the Council's decisions. He directed the Council to undertake a fresh decision making process in respect of the further relevant environmental information sought by the appellant and to undertake a fresh decision making process in respect of the information withheld from two of the records already identified.

Date

12th July 2023

Case Number

OCE-118014-C9Z8S2, OCE-118019-N9V3D1, OCE-118020-J7H3W9, OCE118021-J1L3C9, OCE-118022-P3H2W7

Public Body

Kildare County Council

Article of the Regulations

Art.7,Art.7(5),Art.8,Art.8(a)(i),Art.9,Art.9(1)(c)

Organisation XYZ and Kildare County Council

The Commissioner annulled the Council's decisions. He directed the Council to undertake a fresh decision making process in respect of the further relevant environmental information sought by the appellant and to undertake a fresh decision making process in respect of the information withheld from two of the records already identified.

Date

12th July 2023

Case Number

OCE-118023-V5B1T8, OCE-118024-P1R4D1, OCE-118025- F6J2Q5, OCE-120045-S5B0Q

Public Body

Kildare County Council

Article of the Regulations

Art.7,Art.7(5),Art.8,Art.8(a)(i),Art.9,Art.9(1)(c)

Ms X and Department of Agriculture, Food and the Marine

The Commissioner found that the Department had not complied with its obligations under article 7(3) as it had failed to provide environmental information to the appellant in the form or manner requested by her in circumstances where none of the exceptions contained in article 7(3) could be said to apply.

Date

10th July 2023

Case Number

OCE-119760-Z5D4W4

Public Body

Department of Agriculture, Food and the Marine

Article of the Regulations

Art.7,Art.7(3)

Mr X and Irish Aviation Authority

The Commissioner annulled the decision of the IAA and directed it to carry out a fresh decision-making process.

Date

30th June 2023

Case Number

OCE-127738-G5G7B7

Public Body

Irish Aviation Authority

Article of the Regulations

Art.7,Art.7(5)

Company A and Commission for Regulation of Utilities

The Commissioner found that the information sought was environmental information. He found that article 9(1)(c) did not apply to the information sought. He found that article 8(a)(ii) did apply to the information sought, but that the public interest in disclosure outweighed the interest served by refusal.

Date

7th June 2023

Case Number

OCE-120059-J8M5X7

Public Body

Commission for Regulation of Utilities

Article of the Regulations

Art.3,Art.3(1),Art.8,Art.8(a)(ii),Art.9,Art.9(1)(c)

Right to Know CLG and Environmental Protection Agency

The Commissioner annulled the EPA's decision in respect of information regarding 1,223 non-drinking water registrations coming within the scope of this review. He directed the EPA to undertake a fresh decision making process in respect of that information.

Date

1st June 2023

Case Number

OCE-120518-X2W6N8

Public Body

Environmental Protection Agency

Article of the Regulations

Art.8,Art.8(a)(i),Art.8(a)(iii),Art.9,Art.9(1)(a)

Dr Fred Logue and Fingal County Council

The Commissioner found that article 7(3) of the Regulations did not apply in the circumstances of the case. He annulled the Council's decision and directed release of the requested information.

Date

1st June 2023

Case Number

OCE-128164-Z1W0K0

Public Body

Fingal County Council

Article of the Regulations

Art.7,Art.7(3)

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The Office of the Commissioner for               Environmental Information
The Office of the Commissioner for Environmental Information
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