Summary: The Commissioner found that section 27(1)(b) of the FOI Act applied to the employer names at issue. He also found, in the circumstances of this case (particularly the Department's effective acknowledgment that it had not complied with fair procedure in its continued exclusion of the employers concerned from the scheme as at the date of the request), that the public interest did not warrant release of the names concerned.
Date: 24-07-2015
Case Number: 140253
Public Body: Department of Social Protection
Section of the Act.: s.27
Summary: The Senior Investigator affirmed the decision of TUSLA in relation to most of the records to which access was refused under section 28 of the Act; she also affirmed TUSLA's decision that section 22(1)(b) applied to records relating to proceedings under the Child Care Act and found that this exemption also applied to several additional records; she also varied the decision of TUSLA in relation to certain parts of records which it had agreed to release and directed the release of those parts which were not found to be exempt under section 28.
Date: 24-07-2015
Case Number: 140308
Public Body: Tusla
Section of the Act.:
Summary: The Senior Investigator varied the decision of the Council and directed the release of one further record, subject to the redaction of personal information. He affirmed the Council's decision on the remainder of the records
Date: 24-07-2015
Case Number: 150090
Public Body: Dun Laoghaire-Rathdown County Council
Section of the Act.: s.22, s.28
Summary: The Senior Investigator affirmed the Hospital's decision.
Date: 23-07-2015
Case Number: 150059
Public Body: Beaumont Hospital
Section of the Act.:
Summary: The Senior Investigator annulled the decision of the HSE to charge a search and retrieval fee in this case
Date: 23-07-2015
Case Number: 150029
Public Body: HSE West
Section of the Act.: s.47
Summary: The Senior Investigator found that the section 38 requirements were not applied correctly in this case to such an extent that the Commissioner had no jurisdiction to deal further with it. She annulled the decision of the Department.
Date: 22-07-2015
Case Number: 150156
Public Body: Department of Communications, Energy and Natural Resources
Section of the Act.: s.22, s.22(2),
Summary: The Senior Investigator, following notification by the HSE of a change in its position, annulled the decision to refuse access to records on the basis of section 28(3) and directed that a fresh decision making process be undertaken.
Date: 21-07-2015
Case Number: 150130
Public Body: HSE West
Section of the Act.:
Summary: The Senior Investigator varied the decision of the Council by affirming the decision to refuse access in relation to some of the records on the ground that the records are exempt under section 27 of the FOI Act and by directing the release of certain other records.
Date: 15-07-2015
Case Number: 140225
Public Body: Dublin City Council
Section of the Act.: s.27, s.27(1),
Summary: The Senior Investigator found that the Council was justified in its decision to refuse access to the records under sections 30(1)(a) and 31(1)(a) of the FOI Act. She affirmed the decision of the Council.
Date: 15-07-2015
Case Number: 150081
Public Body: Clare County Council
Section of the Act.:
Summary: The Senior Investigator found that the Department was justified in its decision to refuse access to the record sought by the applicant under section 15(1)(a) of the FOI Act. She affirmed the decision of the Department
Date: 15-07-2015
Case Number: 150075
Public Body: The Department of Communications, Energy and Natural Resources
Section of the Act.: