Summary: The Senior Investigator varied the Council's decision. He found that the Council was justified in refusing access to certain records and information on the basis of sections 31(1)(a), 36(1)(b) and 37(1) of the FOI Act. He found that it was not justified in refusing accessing to certain other information on the basis of sections 35(1)(a), 36(1)(a) and 36(1)(b) and he directed the release of same, subject to the removal of annotations from one of the records and the redaction of personal information within.
Date: 05-04-2023
Case Number: OIC-131480-T8C8H5
Public Body: Fingal County Council
Section of the Act.: s.31, s.31(1)(a), s.35, s.35(1)(a), s.36, s.36(1)(a), s.36(1)(b), s.37, s.37(1),
Summary: The Investigator annulled CHI's decision on the basis that it failed to comply with the requirements of section 15(4) of the FOI Act. She directed CHI to carry out a new decision making process on the applicants request.
Date: 04-04-2023
Case Number: OIC-132665-J9G7M0
Public Body: Children's Health Ireland
Section of the Act.: s.15, s.15(1)(c),
Summary: The Senior Investigator affirmed the decision of the HPRA.
Date: 03-04-2023
Case Number: OIC-127630-X5D7M8
Public Body: Health Products Regulatory Authority
Section of the Act.: s.35, s.35(1)(a), s.36, s.36(1)(a), s.36(1)(b), s.36(1)(c), s.36(2), s.36(3), s.38
Summary: The Senior Investigator varied the Department's decision. He found that the Department was justified in refusing access to relevant records on the basis of sections 29(1)(a), 30(1)(a), 30(1)(c), 31(1)(a) and 37(1) of the FOI Act. He found that the Department was not justified in refusing access to three records on the basis that they fall outside the scope of the original request and he remitted this matter back to the Department for fresh consideration.
Date: 03-04-2023
Case Number: OIC-129805-F7B6Z3
Public Body: Department of Justice
Section of the Act.: s.29, s.29(1), s.30, s.30(1)(a), s.30(1)(c), s.31, s.31(1)(a), s.37, s.37(1),
Summary: The Senior Investigator annulled TCD's decision and directed it to grant the request.
Date: 29-03-2023
Case Number: OIC-125045-J3F9W9
Public Body: Trinity College Dublin
Section of the Act.: s.15, s.15(1)(d), s.30, s.30(1)(b), s.36, s.36(1)(b), s.36(1)(c),
Summary: The Senior Investigator affirmed the decision of the Service.
Date: 28-03-2023
Case Number: OIC-132707-C6T6J6
Public Body: Houses of the Oireachtas Service
Section of the Act.: s.37, s.37(1),
Summary: The Investigator annulled the HSE's decision.
Date: 28-03-2023
Case Number: OIC-134454-W9Q5C1
Public Body: Health Service Executive
Section of the Act.: s.37, s.37(1), s.37(7), s.37(8),
Summary: The Commissioner annulled the Department's decision. Although this was the second time the matter was before the Office, he found that the Department had not justified its position that it had taken all reasonable steps to locate relevant records. He directed it to conduct a further fresh decision making process on the request.
Date: 27-03-2023
Case Number: OIC-119845-Q6J1P9
Public Body: Department of Agriculture, Food and the Marine
Section of the Act.: s.15, s.15(1)(a),
Summary: The Senior Investigator annulled HRI's decision and directed release of the relevant records.
Date: 27-03-2023
Case Number: OIC-133739-C9K8N2
Public Body: Horse Racing Ireland
Section of the Act.: s.28, s.28(1)(c),
Summary: The Senior Investigator affirmed the Council's decision. He found that it was justified in refusing access to the records concerned on the basis of section 42(ja) of the FOI Act.
Date: 24-03-2023
Case Number: OIC-123006-K3B7Q6
Public Body: Cavan County Council
Section of the Act.: s.42