Summary: The Senior Investigator varied the Agency's decision. She did not accept that sections 30 (functions and negotiations of an FOI body), 35 (confidential information) or 40(1)(d) (unwarranted benefit or loss to a person or class of persons) apply to exempt the records. While she found that section 36(1)(b) (commercial sensitivity) applies, the Senior Investigator found that the public interest weighs in favour of access being granted to the records. She annulled the Agency's refusal of access to the records and directed it to grant access to them subject to the redaction of parts that the applicant agreed could be excluded from the review.
Date: 19-06-2019
Case Number: 180291
Public Body: the Housing Agency
Section of the Act.: s.30, s.30(1)(a), s.30(1)(b), s.35, s.35(1)(a), s.35(1)(b), s.35(2), s.36, s.36(1)(b), s.40, s.40(1)(d),
Summary: The Senior Investigator affirmed the decision of the Council.
Date: 19-06-2019
Case Number: 180321
Public Body: Kildare County Council
Section of the Act.: s.10, s.10(1),
Summary: None
Date: 18-06-2019
Case Number: 190258
Public Body: Department of Communications, Climate Action and Environment
Section of the Act.: s.38
Summary: The Senior Investigator affirmed the decision of the Service.
Date: 18-06-2019
Case Number: 180297
Public Body: Houses of the Oireachtas Service
Section of the Act.: s.2, s.2(5), s.6
Summary: The Senior Investigator varied the Council?s decision in this case. While he found that it was justified in refusing access to further records under section 15(1)(a) and in refusing access to certain information contained in his housing records under section 37(1), he directed the release of a small amount of information held within the applicant?s Tenancy File.
Date: 17-06-2019
Case Number: 190044
Public Body: Louth County Council
Section of the Act.: s.15, s.15(1)(a), s.37, s.37(1),
Summary: The Senior Investigator affirmed the Department's refusal to grant the request. She found that the records attract legal professional privilege and are exempt under section 31(1)(a) of the FOI Act.
Date: 17-06-2019
Case Number: 190093
Public Body: Department of Finance
Section of the Act.: s.31, s.31(1)(a),
Summary: The Senior Investigator affirmed the decision of TCD. He found that TCD had fulfilled the requirements of section 10 of the FOI Act in this case.
Date: 14-06-2019
Case Number: 190033
Public Body: Trinity College Dublin
Section of the Act.: s.10
Summary: The Senior Investigator annulled the decision of the HSE and directed it to undertake a fresh decision-making process on the request.
Date: 14-06-2019
Case Number: 190235
Public Body: Health Service Executive
Section of the Act.: s.15, s.15(1)(i),
Summary: The Senior Investigator annulled the Department's decision in this case. He directed the release of the records subject to the redaction of a small amount of personal information from two of the records under section 37(1).
Date: 14-06-2019
Case Number: 180309
Public Body: Department of Employment Affairs & Social Protection
Section of the Act.: s.37, s.37(2), s.35, s.36
Summary: The Senior Investigator varied UCC's decision. She found that it was justified in refusing access to the majority of the records under sections 30 and 37 of the FOI Act. She found that it was not justified in refusing the request insofar as it relates to the remaining records and directed their release.
Date: 13-06-2019
Case Number: 190032
Public Body: University College Cork
Section of the Act.: s.29, s.30, s.37