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Decisions

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Right to Know CLG & the Department of the Taoiseach

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.

Date

30th April 2019

Case Number

CEI/17/0042

Public Body

Department of the Taoiseach (the Department)

Article of the Regulations

Art.10,Art.3,Art.8,Art.8(b),Art.9,Art.9(2)(d)

Right to Know CLG & Allied Irish Banks, p.l.c. (AIB)

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

Date

11th April 2019

Case Number

CEI/18/0025

Public Body

Allied Irish Banks, p.l.c. (AIB)

Article of the Regulations

Art.3,Art.3(1)

Right to Know CLG and the Department of Communications, Climate Action & Environment

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.

Date

27th March 2019

Case Number

CEI/18/0031

Public Body

Department of Communications, Climate Action & Environment (the Department)

Article of the Regulations

Right to Know and Celtic Roads Group (Dundalk) DAC (CRGDAC)

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

Date

19th March 2019

Case Number

CEI/17/0025

Public Body

Celtic Roads Group (Dundalk) DAC (CRGDAC)

Article of the Regulations

Art.3,Art.3(1)

Lar McKenna & Offaly County Council (the Council)

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.

Date

13th March 2019

Case Number

CEI/18/0038

Public Body

Offaly County Council (the Council)

Article of the Regulations

Art.15

Right to Know CLG and Kilkenny Abbey Quarter Development Partnership

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

Date

14th February 2019

Case Number

CEI/18/0044

Public Body

Kilkenny Abbey Quarter Development Partnership

Article of the Regulations

Art.3,Art.3(1)

Patrick Costello & the Department of Housing, Planning and Local Government (the Department)

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.

Date

13th February 2019

Case Number

CEI/18/0019

Public Body

Department of Housing, Planning and Local Government

Article of the Regulations

Art.3,Art.3(1),Art.8,Art.8(a)(i)

Mr. X & SIRO Limited

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

Date

7th February 2019

Case Number

Case CEI/18/0008

Public Body

SIRO Limited

Article of the Regulations

Art.3

Mr. X & ESBI Engineering & Facility Management Limited (ESBIEFML)

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

Date

7th February 2019

Case Number

CEI/18/0004

Public Body

ESBI Engineering & Facility Management Limited (ESBIEFML)

Article of the Regulations

Art.3

Conor Ryan & Offaly County Council (OCC)

The Commissioner found that while article 9(1)(c) applied to the information, the public interest in disclosure outweighed the interests served by refusal. Accordingly, he varied OCC?s decision and required it to make the withheld environmental information available to the appellant.

Date

31st January 2019

Case Number

Case CEI/17/0044

Public Body

Offaly County Council (OCC)

Article of the Regulations

Art.9,Art.9(1)(c)

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The Office of the Commissioner for               Environmental Information
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