Decisions

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.

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

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.

Summary of Commissioner's Decision: 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

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

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

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.

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.

Summary of Commissioner's Decision: The Commissioner found that the request does not relate to information on emissions into the environment as per article 10(1). He found, after weighing the public interest in accordance with article 10(3), that article 9(1)(c) justifies the non-disclosure of the withheld information. As that was his finding, it was not necessary for him to consider article 8(a)(iv). Accordingly, the Commissioner did not require the Department to make environmental information available to the appellant.

Summary of Commissioner's Decision: In accordance with article 12(5) of the Regulations, the Commissioner reviewed TII's decision. The Commissioner found that TII was not justified in refusing the appellant's request. The Commissioner accordingly annulled TII's decision. However, as TII granted the appellant access to the information it requested during the course of the review, the Commissioner did not make any other findings on this appeal.