Summary: The Senior Investigator affirmed the decision of the Defence Forces on the ground that they had provided the applicant with an adequate statement of the reasons as to why he was unsuccessful in his application for enlistment.
Date: 07-06-2018
Case Number: 180055
Public Body: Defence Forces
Section of the Act.: s.33, s.33(3)(a),
Summary: The Senior Investigator affirmed Revenue's decision on the basis that the records at issue were exempt under sections 31(1)(a), 32(1)(a)(i), 33(3)(c)(i), and 37(1) of the FOI Act.
Date: 31-05-2018
Case Number: 170506
Public Body: Office of the Revenue Commissioners
Section of the Act.: s.31, s.31(1)(a), s.32,
Summary: The Senior Investigator varied RTÉ?s decision. She found that section 15(1)(a) of the FOI Act applies to the applicant?s request insofar as it relates to additional records. She found that RTÉ was justified in refusing access to some of the records for which it claimed legal professional privilege under section 31(1)(a); she annulled RTÉ?s refusal of access to certain other records under section 31(1)(a) and directed it to release those records. She found that RTÉ was justified in refusing access to parts of certain records under section 37(1) on the basis that release of those parts would involve the disclosure of personal information of third parties and the public interest that the request should be granted does not outweigh the public interest that the right of privacy of those third parties should be upheld.
Date: 30-05-2018
Case Number: 170562
Public Body: Radio Teilifís Éireann
Section of the Act.: s.15, s.31, s.37
Summary: The Senior Investigator varied the decision of the Council. She affirmed its decision to refuse to release additional records in relation to a revised letter of intent on the basis of section 15(1)(a) and she also affirmed its decision to refuse to grant access to one record on the basis of section 31(1)(a). She annulled its effective decision to refuse to grant access to various invoices and financial information on the basis of section 36 and directed that it undertake a fresh decision making process on these.
Date: 30-05-2018
Case Number: 170575
Public Body: Galway County Council
Section of the Act.: s.15, s.15(1)(a), s.31,
Summary: The Senior Investigator varied the HSE's decision. She affirmed its refusal of parts 2, 3 and 4 of the applicant's request, although under section 15(1)(a) of the FOI Act (discrete records containing the information requested do not exist) rather than the exemptions relied on in the HSE's decision. She annulled its refusal of part 1 of the request and directed it to release parts of a record that contain the information sought.
Date: 29-05-2018
Case Number: 170033
Public Body: Health Service Executive
Section of the Act.: s.15,
Summary: The Senior Investigator found that the WRC was justified in its decision to refuse access to the records. She affirmed the WRC's decision to refuse access to the withheld records under section 31(1)(a) of the Act on the basis of legal professional privilege.
Date: 28-05-2018
Case Number: 180066
Public Body: Workplace Relations Commission
Section of the Act.: s.31, s.31(1)(a),
Summary: The Senior Investigator varied the decision of the Council. She affirmed the Council's decision to refuse access to a large number of records on the basis of legal professional privilege under section 31(1)(a) of the FOI Act. However, she did not accept that litigation privilege applied as claimed to certain other records relating to the alleged unauthorised development, nor was she satisfied that sections 15(1)(d), 15(1)(i), 32(1)(a)(iv), 35(1)(a), and 42(m) applied as claimed. She annulled the Council's decision on these records and directed their release subject to redaction of third party personal information.
Date: 28-05-2018
Case Number: 170531
Public Body: Kerry County Council
Section of the Act.: s.15, s.15(1)(a), s.15(1)(d), s.15(1)(i), s.31,
Summary: The Senior Investigator affirmed the decision of the Council. He found it was justified in refusing access to the information sought under section 42(m)(i).
Date: 25-05-2018
Case Number: 180143
Public Body: Tipperary County Council
Section of the Act.: s.42
Summary: The Senior Investigator varied the decision of EirGrid. She affirmed its decision to refuse access to the majority of the records on the basis of section 36(1)(b). She also affirmed its decision to refuse access to records relating to part 5 of the request on the basis of section 15(1)(a). She annulled its decision to refuse access to record 1 and directed EirGrid to release this record, subject to the redaction of third party information. She also annulled its decision in relation to parts of record 16a and directed EirGrid to undertake a fresh decision-making process in relation to the parts of that record 16a it had considered to be outside scope, and to release the final amount of the winning tender
Date: 25-05-2018
Case Number: 170337
Public Body: EirGrid
Section of the Act.: s.15, s.15(1)(a), s.36,
Summary: The Senior Investigator affirmed the decision of the Hospital to refuse access to the records under section 37(3) of the Act. She found that section 37(4) is engaged in relation to the offer of access to an appropriate health professional if requested by the applicant.
Date: 16-05-2018
Case Number: 180023
Public Body: Mater Misericordiae Hospital Ltd
Section of the Act.: s.37, s.37(3),