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Decisions

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Dr Fred Logue and Dun Laoghaire Rathdown County Council

The Commissioner found that the Council failed to demonstrate that adequate steps were taken to identify and locate all relevant environmental information held by it. Therefore, the Council was not justified in refusing access to environmental information on the basis that no relevant environmental information was held by or for it.

Date

17th August 2022

Case Number

OCE-121910-Y3J8P8

Public Body

Dun Laoghaire Rathdown County Council

Article of the Regulations

Art.7,Art.7(5)

Mr B and Department of Agriculture, Food and the Marine

The Commissioner found that the request has not been dealt with in accordance with Article 4(5) of the Directive because the Department has: A) failed to give sufficient reasons under the AIE Regulations for refusing to release all records relating to the development of a procedure by the Forest Service for addressing any issues regarding the construction of potentially unsanctioned Forest Roads. B) failed to carry out the balancing test required by article 10(3)-(5) of the AIE Regulations and to give reasons for its conclusion, when attempting to rely on an exception in respect of its refusal to provide the information requested.

Date

17th August 2022

Case Number

OCE-115109-S8Q5P5

Public Body

Department of Agriculture, Food and the Marine

Article of the Regulations

Art.10,Art.10(3),Art.10(4),Art.10(5),Art.11,Art.11(1),Art.11(4),Art.11(5),Art.7,Art.7(4)

Mr H and National Transport Authority

The Commissioner affirmed the refusal of the request, but varied the reasons, finding that the refusal was justified under Article 7(5) of the AIE Regulations.

Date

28th July 2022

Case Number

OCE-108458-R3F5Z4

Public Body

National Transport Authority

Article of the Regulations

Art.7,Art.7(5)

Right to Know and Radio Teilifís Éireann

The Commissioner found that RTÉ is a "public authority" and that the information at issue was "environmental information" within the meaning of article 3(1) of the AIE Regulations.

Date

27th July 2022

Case Number

OCE-108819-S8Z3Y7

Public Body

Radio Teilifís Éireann

Article of the Regulations

Art.3,Art.3(1)

Mr G and Department of Agriculture, Food and the Marine

The Commissioner annulled the Department's decision on the ground that it had not conducted adequate searches in an effort to locate all relevant environmental information. He directed it to undertake a fresh decision-making process in respect of the appellant's request.

Date

27th July 2022

Case Number

OCE-125783-L9M0L0

Public Body

Department of Agriculture, Food and the Marine

Article of the Regulations

Art.13

Ms X and Coillte

The Commissioner annulled Coillte's decision. He directed Coillte to undertake a fresh decision making process in respect of each of the 19 requests.

Date

27th July 2022

Case Number

OCE-120546-L8F1K3, [Plus eighteen other cases]

Public Body

Coillte

Article of the Regulations

Art.9,Art.9(2)(a)

Mr Eoin Brady and Roscommon County Council

The Commissioner found that the Council's refusal to provide access to the information requested was not justified under article 9(2)(a). He directed the Council to undertake a fresh decision-making process.

Date

22nd July 2022

Case Number

OCE-115930-K6M6J0

Public Body

OCE-115930-K6M6J0

Article of the Regulations

Art.9,Art.9(2)(a)

Mr Ken Foxe and An Bord Pleanála

The Commissioner found that ABP was not acting in a judicial capacity and was therefore a "public authority" for the purposes of the appeal. He also found that article 8(a)(iv) did not provide grounds for refusal and directed release of the information requested.

Date

22nd July 2022

Case Number

OCE-99704-X4S2K0

Public Body

An Bord Pleanála

Article of the Regulations

Art.3,Art.3(2),Art.8,Art.8(a)(iv)

Mr A and Department of Agriculture, Food and the Marine

The Commissioner found that the request has not been dealt with in accordance with Article 4(5) of the Directive. The Commissioner therefore annulled the Department's decision and remitted the matter for fresh consideration by the Department.

Date

14th July 2022

Case Number

OCE-120668-K4W4F2

Public Body

Department of Agriculture, Food and the Marine

Article of the Regulations

Art.10,Art.10(5),Art.9,Art.9(1)(b)

Right To Know and Donegal County Council

The Commissioner annulled the decision of the Council and directed release of some of the information identified as relevant to the request. He directed the Council to carry out a fresh decision-making process in respect of the remaining documents.

Date

14th July 2022

Case Number

OCE-108792-Z9S0M1

Public Body

Donegal County Council

Article of the Regulations

Art.10,Art.10(5),Art.9,Art.9(1)(b)

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