29th November 2021
Our Ref: AIE 21/222
I refer to your request for information under the European Communities (Access to Information on the Environment) Regulations 2007 to 2018. On 1st November 2021 you requested the following:
All records (subject to appropriate redaction) related to the following Alleged Illegal Felling Cases from 2020 (Forest Service)
34 of 20
36 of 20
38 of 20
39 of 20
40 of 20
44 of 20
45 of 20
48 of 20
49 of 20
50 of 20
51 of 20
Records to include a status update.
Having considered your request, my decision is to part grant access to information on file. A full schedule of the records held on file is attached. Access to some information sought is refused in accordance with Article 8(a)(i), which provides as follows:
8. A public authority shall not make available environmental information in accordance with article 7 where disclosure of the information—
(a) would adversely affect
(i) the confidentiality of personal information relating to a natural person who has not consented to the disclosure of the information, and where that confidentiality is otherwise protected by law
It is my decision that the confidentiality of the records in question is otherwise protected by law under Section 37(1) of the Freedom of Information Act 2014.
This provides that:
37. (1) Subject to this section, a head shall refuse to grant an FOI request if, in the opinion of the head, access to the record concerned would involve the disclosure of personal information (including personal information relating to a deceased individual).
In arriving at a decision on your request, I confirm that I have had regard to the provisions of Article 10 of the Regulations, as a decision to refuse to disclose information under Articles 8 and/or 9 must not be taken in isolation from the relevant provisions in Article 10.
In line with Article 10(3), my deliberations have included weighing the public interest served by disclosure against the interest served by refusal. The factors in favour of release of this information are the making available to the public, where practical and allowed under the law, in a transparent manner, information affecting the environment. The factors in favour of withholding this information are right to privacy of persons who may be identified by releasing the information and the right to due process. I have decided that, on balance, the public interest in this case is best served by withholding this information.
I can be contacted by telephone at 053 9170371 and will seek to answer any questions you may have regarding your request.
If for any reason you wish to appeal this decision you may do so by writing to the Freedom of Information Unit at the Department of Agriculture, Food and the Marine, Pavilion A, Grattan Business Centre, Dublin Road, Portlaoise, Co. Laois R32 K857. You may also submit your appeal by e-mail to: foi@agriculture.gov.ie You must make your appeal within one month of this notification.
Yours sincerely,
Colm Doran
Forestry Division,
Department of Agriculture, Food & the Marine,
Johnstown Castle Estate,
Co. Wexford
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