Summary: The Senior Investigator annulled the Office of the Secretary General's refusal to grant the request. She found that the Office of the Secretary General is an FOI body within the meaning of section 6 of the Act and is therefore obliged to make and notify the applicant of a decision on the request in accordance with the requirements of the Act. She found that it had not justified its refusal as required under section 22(12)(b) of the Act. She remitted the request for fresh consideration and a new decision by the Office of the Secretary General.
Date: 08-03-2018
Case Number: 170151
Public Body: Office of the Secretary General to the President
Section of the Act.: s.6
Summary: The Senior Investigator affirmed the Department's refusal of access to the records on the basis of section 36(1)(b) of the FOI Act (Commercially Sensitive Information). She found that, on balance, the public interest would not be better served by granting access to the records.
Date: 08-03-2018
Case Number: 170377
Public Body: Department of Public Expenditure and Reform
Section of the Act.: s.36, s.36(1)(b),
Summary: The Senior Investigator affirmed the decision of the HSE to refuse the request under section 37(3).
Date: 27-02-2018
Case Number: 170563
Public Body: Health Service Executive
Section of the Act.: s.37, s.37(3),
Summary: The Senior Investigator annulled the decision of the HSE in respect of three parts of the applicant's request on the basis that it failed to comply with the requirements of section 15(4) of the Act.
Date: 26-02-2018
Case Number: 170518
Public Body: Health Service Executive
Section of the Act.: s.15, s.15(4),
Summary: The Senior Investigator annulled the decision of the HSE. He found that it was not justified in refusing to grant access to the records under section 37 of the FOI Act, having considered the provisions of section 37(8) and regulations made under that subsection, and directed their release subject to a number of minor redactions of personal information relating to third parties.
Date: 26-02-2018
Case Number: 170521
Public Body: Health Service Executive
Section of the Act.: s.37
Summary: The Senior Investigator varied the decision of UCC. She affirmed UCC's decision to refuse access to two records containing legal advice under section 31(1)(a) of the Act. She also found that certain details included in the records at issue qualified as personal information and were exempt under section 37(1) of the Act. However, she found that the decision to refuse access to the majority of the records under section 36(1)(b) was only partially justified. She therefore directed that access be granted to certain records relating to the IMI/UCC transaction in full or part.
Date: 23-02-2018
Case Number: 170340
Public Body: University College Cork
Section of the Act.: s.31
Summary: The Senior Investigator annulled the University's decision. She found that the University had not justified its claims that the records were exempt. She further found that, even if the decision to refuse access under sections 36(1)(b) and (c) (commercially sensitive information, and information that could be prejudicial to negotiations) had been justified, the public interest that access should be granted to the records would outweigh the public interest in withholding them. She directed that the records be released in full.
Date: 23-02-2018
Case Number: 170516
Public Body: University of Limerick
Section of the Act.: s.36, s.36(1)(b), s.36(1)(c),
Summary: The Senior Investigator found that the section 38 requirements were not applied correctly in this case and annulled the decision of the HSE.
Date: 21-02-2018
Case Number: 180057
Public Body: Health Service Executive
Section of the Act.: s.38
Summary: The Senior Investigator found that the section 38 requirements were not applied correctly in this case and annulled the decision of the HSE.
Date: 20-02-2018
Case Number: 180046
Public Body: Health Service Executive
Section of the Act.: s.38
Summary: The Senior Investigator found that the section 38 requirements were not applied correctly in this case and annulled the decision of the HSE.
Date: 19-02-2018
Case Number: 180039
Public Body: Health Service Executive
Section of the Act.: s.38