Decisions List

In accordance with Article 12(5) of the AIE Regulations, the Commissioner reviewed the decision of An Garda Síochána and found that it was justified in refusing access to the information concerned on the ground that it is not environmental information within the meaning of the Regulations. He affirmed the decision of An Garda Síochána accordingly.

In accordance with article 12(5) of the AIE Regulations, the Commissioner reviewed the decision of SEAI and found that its refusal to provide access to the information requested was justified because, having regard to the definition of "environmental information" and article 4(1) of the Regulations, the study and related records do not contain environmental information. Accordingly, the Commissioner affirmed SEAI's decision to refuse the request, while varying the grounds for refusal.

In accordance with Article 12(5) of the AIE Regulations, the Commissioner reviewed the decision of ESB and found that it was justified in refusing the request under Article 9(2)(a) of the Regulations. He affirmed the decision of ESB accordingly.

In accordance with Article 12(5) and Article 11(5)(a) of the Regulations, the Commissioner reviewed the contention by the IFPO that it was not a public authority for the purposes of the Regulations. Having considered the jurisprudence of the Court of Justice of the European Union and the specific rules applicable to the IFPO, the Commissioner found that the IFPO is not a public authority for the purposes of the AIE Regulations as it does not constitute government or public administration, nor does it have public administrative functions, nor is it under the control of a public authority.

The Commissioner found that Coillte was justified in refusing access to information which was not environmental information and to environmental information which was not held by or for Coillte. Accordingly, the Commissioner affirmed Coillte’s decision, while partly varying the grounds justifying refusal.

In accordance with Article 12(5) of the AIE Regulations, the Commissioner reviewed the decision of the EPA. He varied the decision of the EPA and found that the EPA has taken has taken all reasonable steps to provide the appellant with the information sought and that Article 7(5) applies to any further information which, in the appellant's view, should be made available to him.