Decisions

The Commissioner found that the document was not held by or for the Council when it received the AIE request. Accordingly, he affirmed the Council’s refusal to provide access to the document for that reason.

The Commissioner found that most of the requested environmental information was made available to the appellant. He was satisfied that the remaining information formed part of the internal communications of the Cabinet and thus fell within the article 9(2)(d) exception. He found that the public interest in the disclosure of this information did not outweigh the interest served by protecting the confidentiality of those communications. He therefore affirmed the Department’s decision and did not require it to take any action.

The Commissioner found that AIB does not meet the legal definition of public authority in article 3(1) of the AIE Regulations and, therefore, is not a public authority

The Commissioner found that some of the withheld information is environmental information within the meaning of article 3 of the AIE Regulations. Accordingly, he varied the Department’s decision and required it to make a new decision in relation to that information.

The Commissioner found that CRGDAC is not a public authority within the meaning of the AIE Regulations.

The Commissioner found that while retrieval and photocopying fees are permissible in principle, they were not justified on this occasion because they did not comply with article 15 of the AIE Regulations. Accordingly, the Commissioner annulled that part of the Council’s decision which related to fees and required the Council to give the appellant a fresh decision in relation to fees.

The Commissioner was satisfied that the Partnership is not a public authority within the meaning of article 3(1) of the AIE Regulations

The Commissioner was satisfied that the Partnership is not a public authority within the meaning of article 3(1) of the AIE Regulations

In accordance with article 12(5) of the AIE Regulations, the Commissioner reviewed the decision of the Department and found that the Report constitutes "environmental information". He did not, however, require release of the Report as refusal was justified under article 8(a)(i) of the AIE Regulations.

The Commissioner found that SIRO Limited does not meet the legal definition of public authority in article 3(1) of the AIE Regulations and, therefore, is not a public authority