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Decisions

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RZ and Donegal County Council

The Commissioner found that the Council was not justified in refusing the request as invalid under article 6(1)(c) of the AIE Regulations

Date

10th November 2021

Case Number

OCE-113791-R0T6G2

Public Body

Donegal County Council (the Council)

Article of the Regulations

Art.6,Art.6(1)

Right to Know CLG and Transport Infrastructure Ireland

The Commissioner found that: (a) The scope of the request does not include documents which impact on, or are incorporated by reference into, the PPP contract; (b) The PPP contract as a whole is environmental information; (c) TII was not justified in refusing access to the PPP contract on the grounds that the request is manifestly unreasonable; and (d) It is not appropriate in this case to exercise the power in article 12(5)(c), so TII must give fresh consideration to the appellant’s request for information

Date

28th October 2021

Case Number

OCE-108782-X6N0D1

Public Body

Transport Infrastructure Ireland (TII)

Article of the Regulations

Art.12,Art.12(5),Art.3,Art.3(1),Art.9,Art.9(2)(a)

Right to Know CLG c/o Mr Ken Foxe and Department of Housing, Local Government and Heritage

The Commissioner found that the records at issue are "environmental information" within the meaning of paragraph (c) of the definition in article 3(1) of the AIE Regulations. He annulled the Department's decision and directed it to undertake a fresh decision-making process in respect of the records

Date

22nd October 2021

Case Number

OCE-102190-N4X6Y3

Public Body

Department of Housing, Local Government and Heritage (the Department)

Article of the Regulations

Art.3,Art.3(1)

Ms Fiona Moore and Kildare County Council

The Commissioner was not satisfied that refusal of the withheld information was justified on the grounds of legal privilege nor was he satisfied that any adverse impact on the course of justice had been made out such that the grounds for refusal contained in article 9(1)(b) could be relied on in the circumstances of the case. He directed the Council to release the information requested. He also remitted the matter to the Council to determine whether any further information held by the Council at the time of the request had been withheld from the appellant.

Date

14th October 2021

Case Number

OCE-93401-X4C2M5

Public Body

Kildare County Council (the Council)

Article of the Regulations

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

Ms. X and Kildare County Council

The Commissioner was not satisfied that refusal of the withheld information was justified on the grounds of legal privilege nor was he satisfied that any adverse impact on the course of justice had been made out such that the grounds for refusal contained in article 9(1)(b) could be relied on in the circumstances of the case. He directed the Council to release the information requested. He also remitted the matter to the Council to determine whether any further information held by the Council at the time of the request had been withheld from the appellant

Date

14th October 2021

Case Number

OCE-93401-X4C2M5

Public Body

Kildare County Council

Article of the Regulations

Art.8,Art.8(a)(iv),Art.9,Art.9(1)(b)

Mr. X and Department of Agriculture, Food and the Marine

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.

Date

1st October 2021

Case Number

OCE-105379-F8L2B9, OCE-106896-D5T5W5

Public Body

Department of Agriculture, Food and the Marine (the Department)

Article of the Regulations

Art.15,Art.15(1),Art.15(2)

Protect East Meath and Louth County Council

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 Council’s decision and directed it to undertake a fresh decision-making process in respect of the letter.

Date

24th September 2021

Case Number

OCE-98781-F2M6F5

Public Body

Louth County Council

Article of the Regulations

Art.3

Mr. X and Department of Foreign Affairs

The Commissioner found that the Department's refusal to provide access to the information requested was not justified under article 9(2)(a).

Date

17th September 2021

Case Number

OCE-93418-X2F2P8

Public Body

Department of Foreign Affairs (the Department)

Article of the Regulations

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

Mr. X and Department of Foreign Affairs

The Commissioner found that the Departments refusal to provide access to the information requested was not justified under article 9(2)(a).

Date

17th September 2021

Case Number

OCE-93418-X2F2P8

Public Body

Department of Foreign Affairs (the Department)

Article of the Regulations

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

Mr. Raymond Neilon and Tipperary County Council

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 Council’s decision

Date

16th September 2021

Case Number

OCE-104048-N2R9G9

Public Body

Tipperary County Council (The "Council")

Article of the Regulations

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

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The Office of the Commissioner for               Environmental Information
The Office of the Commissioner for Environmental Information
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