Summary: The Senior Investigator varied the Council's decision. She affirmed its decision to refuse access under section 31(1)(a) to some information on the basis of legal professional privilege. She affirmed its decision to refuse access to some records under section 35(1)(b) on the basis that their release would breach a duty of confidence. She found parts of two records not to be subject to the FOI Act further to section 42(f) of the Act. She found the remaining records/parts of records not to be exempt; she annulled the decision in relation to these and directed their release (except for small amounts of personal information, which she directed be withheld).
Date: 29-06-2017
Case Number: 170144
Public Body: Medical Council
Section of the Act.: s.28, s.30, s.31, s.35, s.36, s.37, s.42
Summary: The Senior Investigator varied the decision of the Patents Office. She affirmed the decision to refuse access to the records at issue under section 33(3)(c)(ii) and section 33(1)(d) of the FOI Act, with the exception of one record in part. With respect to the exception, she directed that access be granted subject to the redaction of the first paragraph of the email from the Irish delegate and the communication from the Chair of the Administrative Council of the European Patent Organisation in full.
Date: 28-06-2017
Case Number: 170084
Public Body: Patents Office
Section of the Act.: s.33
Summary: The Senior Investigator affirmed the Council's decision, under sections 30, 31 and 37 of the FOI Act.
Date: 28-06-2017
Case Number: 160409
Public Body: Dublin City Council
Section of the Act.: s.30, s.30(1)(a), s.37, s.37(1),
Summary: The Senior Investigator annulled the Council's decision on the first part of the request in view of the lack of clarity as to what had been at issue at that part. He directed the Council to undertake a fresh decision-making process in respect of the first part of the request. The Senior Investigator affirmed the Council's decision on the remainder of the request under section 10(1)(a) on the basis that additional records do not exist or cannot be found.
Date: 27-06-2017
Case Number: 160573
Public Body: Cork City Council
Section of the Act.: s.10, s.10(1)(a),
Summary: The Senior Investigator affirmed the decision of the EAT.
Date: 26-06-2017
Case Number: 170113
Public Body: Employment Appeals Tribunal
Section of the Act.: s.15, s.15(1)(a),
Summary: The Senior Investigator affirmed the OPW's refusal to grant access to the requested records. She found them to contain technical information belonging to the State or the OPW that is of substantial value or reasonably likely to be of substantial value (section 40(2)(m) refers), the release of which could reasonably be expected to result in an unwarranted benefit to the applicants and other persons with an interest in the information. She found the records to be exempt under section 40(1)(d) of the FOI Act, with the public interest not warranting their release.
Date: 26-06-2017
Case Number: 160529
Public Body: Office of Public Works
Section of the Act.: s.40
Summary: The Senior Investigator found that RTÉ was justified in refusing access to the information sought under section 37(1) of the FOI Act.
Date: 26-06-2017
Case Number: 160398
Public Body: RTÉ
Section of the Act.: s.37
Summary: The Senior Investigator varied the decision of the Council. He directed it to release additional information in respect of parts 1 to 4 of the request. He directed it to carry out a fresh decision making process in respect of parts 5 and 6.
Date: 22-06-2017
Case Number: 160562
Public Body: Limerick City & County Council
Section of the Act.: s.36, s.37
Summary: The Senior Investigator affirmed the Department's decision under section 15(1)(d) and section 30(1)(a) of the FOI Act.
Date: 21-06-2017
Case Number: 170007
Public Body: Department of Social Protection
Section of the Act.: s.30, s.36, s.37
Summary: The Senior Investigator found that the Council had not properly considered the request. He annulled the decision of the Council and directed it to undertake a fresh decision making process in respect of the applicant's request.
Date: 21-06-2017
Case Number: 170174
Public Body: Carlow County Council
Section of the Act.: