Decisions List

The Commissioner found that RTÉ was justified in its decision to refuse the request on the basis that it did not hold environmental information within the scope of the request. She varied the decision to reflect her findings. She found that RTÉ comes within the definition of ''public authority'' in the Regulations and the Directive. She found that items 2 and 3 of the request did not come within the definition of environmental information. She further found that section 7(5) of the Regulations allows RTÉ to refuse a request in relation to items 1 and 4 of the request on the basis that the information is not held by it.

In accordance with article 12(5) of the Regulations, the Commissioner reviewed the decision of the Board and found that by reference to Articles 4 and 7 of the Regulations, the Board was not required in the circumstances of this case to provide the transcript which it did not hold . She found that its decision to refuse the request should have given reasons as to why the information was being provided in a format other than that requested and that it should have taken steps to ensure the easy accessibility of the information in the alternative format. Given the furnishing to the appellant in November 2009 of accessible versions of the information in audio format, she did not give any further directions to the Board.

The Commissioner found that the Council was not justified in its original decision to refuse the request on the basis that it did not hold any environmental information within the scope of the request.

In accordance with article 12(5) of the Regulations, the Commissioner reviewed the decision of the Board and found that it was justified in its decision to refuse the request. However, she varied the basis for the decision. The Commissioner was not satisfied that the Directive or the Regulations gave her jurisdiction to direct a public authority to release information in records which had not been created at the time the Appellant made the request.

In accordance with article 12(5) of the Regulations, the Commissioner reviewed the decision of the Board and found that it was justified in its decision to refuse the request. However, she varied the basis for the decision. The Commissioner was not satisfied that the Directive or the Regulations gave her jurisdiction to direct a public authority to release information in records which had not been created at the time the appellant made the request. She also found that the provisions of Article 4(1) apply to the information sought as it is required to be made available to the public under another statutory provision i.e. Section 146(3) of the Planning and Development Act, 2000, as amended.

In accordance with article 12(5) of the Regulations, the Commissioner reviewed the decision of the EPA and found that the EPA was justified in its decision to refuse the request. However, she varied the basis for the decision and found that the provisions of Article 7(3) apply to the information sought which is held by the EPA and that the provisions Article 7(5) apply to the information which is not held. In addition, she commented on the making available of information for public viewing.