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 varied the Department's decision. He found that the Department was justified in refusing access to the vast majority of the withheld information under sections 29(1) and 36(1)(b). He found that it was not justified in refusing access to a small amount of withheld information and directed the release of same.
Date: 29-08-2023
Case Number: OIC-120660-L7C1T5
Public Body: Department of Tourism, Culture, Arts, Gaeltacht, Sport and Media
Section of the Act.: s.29, s.29(1), s.36, s.36(1)(b),
Summary: The Senior Investigator varied the Department's decision. He found that certain refused information is outside the scope of this review. He found that the Department was not justified in refusing access to the remaining information on the basis of sections 29(1), 30(1)(a), 30(1)(c), 35(1)(a), 35(1)(b) and 36(1)(b) of the FOI Act and he directed the release of same. He annulled the Department's effective refusal of record 9 and directed it to undertake a fresh decision making process in respect of the record.
Date: 28-08-2023
Case Number: OIC-126588-S5G6P7 and OIC-126589-V8G6W9
Public Body: Department of Environment, Climate and Communications
Section of the Act.: s.29, s.29(1), s.30, s.30(1)(a), s.30(1)(c), s.35, s.35(1)(b), s.36, s.36(1)(b),
Summary: The Investigator varied the decision of the Department. She affirmed its decision to refuse part 4 of the applicant's request on the basis that the record concerned was exempt on the grounds of legal professional privilege. She also affirmed its decision to refuse parts 11-16 and elements of part 18 of the applicant's request on the basis that they were voluminous. The Investigator annulled the Department's decision to refuse parts 1-3, 5-10, 17, part of 18, and 19-23 and directed the Department to make a fresh decision on these parts of the request.
Date: 25-08-2023
Case Number: OIC-134268-W5V8R7
Public Body: The Department of Education and Science
Section of the Act.: s.15, s.15(1)(c), s.31, s.31(1)(a),
Summary: The Senior Investigator affirmed the Department's decision.
Date: 24-08-2023
Case Number: OIC-136864-R3C4C8
Public Body: Department of Education
Section of the Act.: s.30, s.30(1)(c), s.36, s.36(1)(b),
Summary: The Investigator affirmed the decision of the HSE.
Date: 22-08-2023
Case Number: OIC-137796-D8C0H9
Public Body: Health Service Executive
Section of the Act.: s.15, s.15(1)(a),
Summary: The Investigator varied the IPS's decision. She affirmed its decision to refuse to release additional records under section 15(1)(a) of the FOI Act. She annulled its decision to refuse access to records under 15(1)(i) and directed it to undertake a fresh decision-making process.
Date: 22-08-2023
Case Number: OIC-136241-V8P9F0
Public Body: Irish Prison Service
Section of the Act.: s.15, s.15(1)(a), s.15(1)(i),
Summary: The Investigator varied the Council's decision. She found that sections 36(1)(c) (negotiation positions) and 41(1)(a) (disclosure prohibited by an enactment) applied to certain records and, where relevant, that the public interest did not weigh in favour of release. She found that the Council had not justified its refusal of other records under section 15(1)(a) (reasonable searches). She annulled the Council's reliance on section 15(1)(a) and directed it to make a new decision on that particular matter.
Date: 21-08-2023
Case Number: OIC-133524-H0S6P3
Public Body: Dublin City Council
Section of the Act.: s.15, s.15(1)(a), s.36, s.36(1)(c), s.41, s.41(1)(a),
Summary: The Investigator affirmed the decision of TII.
Date: 18-08-2023
Case Number: OIC-137531-M7L0L0
Public Body: Transport Infrastructure Ireland
Section of the Act.: s.15, s.15(1)(a), s.37
Summary: The Investigator affirmed the Department's decision.
Date: 18-08-2023
Case Number: OIC-129491-D5B9V4
Public Body: Department of Agriculture, Food and the Marine
Section of the Act.: s.15, s.15(1)(a),
Summary: The Senior Investigator varied the Department's decision. He found that it was justified in refusing access, under sections 31(1)(a), 37(1) and 42(f), to the majority of the records at issue. However, he found that it had not justified its decision to refuse access to the remaining records and directed their release.
Date: 16-08-2023
Case Number: OIC-127176-G3K0X1
Public Body: Department of Public Expenditure, NDP Delivery and Reform
Section of the Act.: s.29, s.29(1), s.30,