The Senior Investigator varied the Departments decision. Insofar as hard-copy records were concerned, she found that two records were not covered by the request. She found that records created by the Attorney General (AG) and/or the Attorney Generals Office (AGO) and/or the Chief State Solicitor and/or the Chief State Solicitors Office (CSSO) and records given to a Minister for Oireachtas proceedings were not subject to FOI further to the provisions of section 42(f) and 42(j). She found that sections 31(1)(a) (legal professional privilege) and 31(1)(c)(ii)(II) (consultations considered by a committee) applied to some records. She found that section 31(2)(b) (business of an inquiry) applied to certain records but not to a small number of records concerning the inquirys administration (section 31(3)). She found that section 37(1) (personal information) applied to certain records and that the public interest did not weigh in favour of their release. She found that sections 29(1) (deliberative process), 30(1)(a) (investigations by an FOI body) and 31(1)(c)(ii)(I) (opinions considered for proceedings in either House of the Oireachtas) did not apply. She directed the release of the remaining hard-copy records.
She annulled the Departments effective decision to withhold certain electronic records covered by the request and its presumed general reliance on section 15(1)(a) (reasonable searches) in relation to both hard copy and electronic records. She directed the Department to make fresh decisions on these matters.