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.
1st October 2021
OCE-105379-F8L2B9, OCE-106896-D5T5W5
Department of Agriculture, Food and the Marine (the Department)
Art.15,Art.15(1),Art.15(2)
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 Councils decision and directed it to undertake a fresh decision-making process in respect of the letter.
24th September 2021
OCE-98781-F2M6F5
Louth County Council
Art.3
The Commissioner found that the Department's refusal to provide access to the information requested was not justified under article 9(2)(a).
17th September 2021
OCE-93418-X2F2P8
Department of Foreign Affairs (the Department)
Art.9,Art.9(2)(a)
The Commissioner found that the Departments 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 Councils decision
16th September 2021
OCE-104048-N2R9G9
Tipperary County Council (The "Council")
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
15th September 2021
OCE-93469-W3X0R6
Bord na Móna plc (BnM plc)
Art.7,Art.7(1),Art.7(5)
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
12th August 2021
OCE-97782-D6J1J0
Department of Environment, Climate and Communications (DECC)
Art.9,Art.9(1)(c),Art.9(1)(d)
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
22nd July 2021
OCE-102375-J9W5Q1
Department of Agriculture, Food and the Marine
Art.7,Art.7(5)
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.
20th July 2021
OCE-104056-M4K5P6 OCE-104057-W6W7F1 OCE-104058-W7V4G8
Tipperary County Council
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
OCE-104056-M4K5P6, OCE-104057-W6W7F1 and OCE-104058-W7V4G8