Ciaran MacAirt v The Information Commissioner & Anor

Ciaran MacAirt v The Information Commissioner & Anor

Section 23 FOIA is not engaged as Special Branch is not a security body and no sufficient evidence links the withheld material to security bodies; section 24 FOIA applies only to material not already in the public domain, with the public interest in disclosure outweighing the exemption for public domain material; section 30 FOIA applies but the public interest in disclosure outweighs the exemption for material already in the public domain due to the age of the investigation and slim likelihood of reopening; PSNI failed to search all relevant records or explain limitations, breaching FOIA duties.

Parties
Appellant: Ciaran MacAirt; First Respondent: The Information Commissioner; Second Respondent: The Chief Constable of the Police Service of Northern Ireland
Jurisdiction
England and Wales
Judgment Date
02 November 2025
Procedural Posture
Appeal / Final Judgment
Outcome
Appeal allowed
Legal Topics
FOIA Exemptions, Disclosure of Investigatory Material, National Security, Public Interest Balancing, Historical Records
Information Rights Freedom of Information FOIA Exemptions Disclosure of Investigatory Material National Security Public Interest Balancing Historical Records

Case Brief

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Parties

Ciaran MacAirt

Appellant

The Information Commissioner

First Respondent

The Chief Constable of the Police Service of Northern Ireland

Second Respondent

Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 Whether withheld information is exempt under section 23 FOIA (security bodies)
  2. 2 Whether section 24 FOIA (national security) applies to parts of the withheld material
  3. 3 Whether section 30 FOIA (investigations) applies and if the public interest favours disclosure

Ratio Decidendi

Section 23 FOIA is not engaged as Special Branch is not a security body and no sufficient evidence links the withheld material to security bodies; section 24 FOIA applies only to material not already in the public domain, with the public interest in disclosure outweighing the exemption for public domain material; section 30 FOIA applies but the public interest in disclosure outweighs the exemption for material already in the public domain due to the age of the investigation and slim likelihood of reopening; PSNI failed to search all relevant records or explain limitations, breaching FOIA duties.

Court Disposition

Appeal allowed

Orders

  • PSNI to provide a fresh response to Mr MacAirt in accordance with part 1 of FOIA within 35 days
  • PSNI to disclose material as directed, redacted for personal data and exempt information