Summary: The Senior Investigator annulled the decisions of the Department and directed it to undertake a fresh decision-making process in respect of each of the applicant's requests.
Date: 14-05-2018
Case Number: 180013
Public Body: Department of Justice and Equality
Section of the Act.: s.15,
Summary: The Senior Investigator annulled the decisions of the Department and directed it to undertake a fresh decision-making process in respect of each of the applicant's requests.
Date: 14-05-2018
Case Number: 180014
Public Body: Department of Justice and Equality
Section of the Act.: s.15,
Summary: The Senior Investigator varied the decision of the VCI. She annulled its decision that the request for access to records relating to complaints made to the PIC was not a valid request under the FOI Act. She remitted this aspect of the request to the VCI for fresh consideration and the issue of a new decision. She found that the VCI was justified in refusing access to five reports of the FTPC on the basis of section 37(1) of the FOI Act, but she directed partial release of the remaining FTPC report with all personal information redacted.
Date: 14-05-2018
Case Number: 170454
Public Body: Veterinary Council of Ireland
Section of the Act.: s.41,
Summary: The Senior Investigator found that the Council had correctly applied the fee provided for under section 27(13)(a)(i) of the FOI Act.
Date: 10-05-2018
Case Number: 180150
Public Body: Cork County Council
Section of the Act.: s.27, s.27(13)(a)(i),
Summary: The Senior Investigator varied the Department's decision. She affirmed the Department's refusal to grant access to some of the records or parts of the records on the basis that they contain information from which the substance of a statement made at a Cabinet meeting could be inferred (section 28(2)(a)), or attracted legal professional privilege (section 31(1)(a)), or comprised a record given to a member of Government for the purposes of Dáil proceedings (section 42(j)). She found that the Department had not justified its refusal to grant access to the rest of the records under sections 29 (deliberative process) or 35 (confidential information). While she found some of the records or parts of records to be exempt under section 36(1)(b) (commercially sensitive information), she found that the public interest would, on balance, be better served by granting than by refusing to grant that part of the request. She annulled the Department's refusal of all of these records and directed that access be granted to them.
Date: 10-05-2018
Case Number: 170514
Public Body: Department of Communications, Climate Action and Environment
Section of the Act.: s.29
Summary: The Senior Investigator affirmed the decision of the Department. He found that it was justified in refusing access to the relevant records on the basis of section 29 of the FOI Act.
Date: 10-05-2018
Case Number: 170520
Public Body: Department of Agriculture, Food and the Marine
Section of the Act.: s.31
Summary: The Senior Investigator affirmed the decision of the HSE.
Date: 09-05-2018
Case Number: 180107
Public Body: Health Service Executive
Section of the Act.: s.37
Summary: The Senior Investigator affirmed the decision of the HSE. He found that no right of access exists to any such records created before the effective date applicable to the HSE, i.e. 21 October 1998.
Date: 08-05-2018
Case Number: 180085
Public Body: Health Service Executive
Section of the Act.: s.11
Summary: The Senior Investigator affirmed the HSE's refusal to fully grant the request. She found some records to attract legal professional privilege and to be exempt under section 31(1)(a). She found the remaining records to contain joint personal information that is exempt under section 37 of the FOI Act. She further found that the public interest in granting access to those records does not outweigh the public interest in upholding the right to privacy of the third parties. She also found the HSE to have carried out reasonable searches for records covered by the request and that section 15(1)(a) applies to any further records.
Date: 04-05-2018
Case Number: 170493
Public Body: Health Service Executive
Section of the Act.: s.15, s.15(1)(a), s.31, s.31(1)(a), s.37, s.37(1), s.12
Summary: The Senior Investigator varied the Council's decision. She affirmed its decision to refuse access to certain records relating to private papers, under section 42(k) of the FOI Act and other records containing complaints to the Council, under section 42(m)(i) of the FOI Act, on the basis that the FOI Act does not apply to such records. She annulled its decision on the remaining records and directed their release.
Date: 03-05-2018
Case Number: 170481
Public Body: Waterford City and County Council
Section of the Act.: s.42, s.42(k), s.42(m)(i), s.35