OIC Decisions
Decisions issued from January 2022 onwards can be found here. Earlier decisions will be uploaded in the coming months. If you require an earlier decision then please email us at info@oic.ie
Decisions issued from January 2022 onwards can be found here. Earlier decisions will be uploaded in the coming months. If you require an earlier decision then please email us at info@oic.ie
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),
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