Eircom Plc and the Department of Agriculture and Food; Mr Mark Henry and the Department of Agriculture and Food; Eircom Plc and the Department of Finance and Eircom Plc and Office of the Revenue Commissioners. [2000] IEIC 98114 (13 January 2000)

Eircom Plc and the Department of Agriculture and Food; Mr Mark Henry and the Department of Agriculture and Food; Eircom Plc and the Department of Finance and Eircom Plc and Office of the Revenue Commissioners. [2000] IEIC 98114 (13 January 2000)

The Commissioner found that while the information was commercially sensitive and its release could prejudice Telecom Eireann's competitive advantage and the outcome of negotiations, the public interest in transparency, value for money, and openness about public expenditure outweighed the potential harm to Telecom Eireann. Therefore, the exemptions under section 27(1)(b) and (c) did not apply due to the public interest override in section 27(3).

Citation
[2000] IEIC 98114
Parties
Applicant/objector: Eircom Plc (Telecom Eireann); Requester/applicant: Mr Mark Henry; Respondent/public Body: Department of Agriculture and Food; Respondent/public Body: Department of Finance; Respondent/public Body: Office of the Revenue Commissioners
Jurisdiction
Ireland
Judgment Date
13 January 2000
Procedural Posture
Freedom of Information Review / Decision of the Information Commissioner
Outcome
Mixed: Affirmed in part, annulled in part
Legal Topics
Disclosure of Commercially Sensitive Information, Public Interest Test, Competitive Tendering, Government Transparency
Administrative Law Freedom of Information Public Procurement Disclosure of Commercially Sensitive Information Public Interest Test Competitive Tendering Government Transparency

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Parties

Eircom Plc (Telecom Eireann)

Applicant/objector

Mr Mark Henry

Requester/applicant

Department of Agriculture and Food

Respondent/public Body

Department of Finance

Respondent/public Body

Office of the Revenue Commissioners

Respondent/public Body

Procedural Posture

Freedom of Information Review / Decision of the Information Commissioner

Legal Issues

  1. 1 Whether disclosure of invoices paid to telecommunications companies is exempt under section 27(1)(b) and 27(1)(c) of the FOI Act as commercially sensitive information
  2. 2 Whether disclosure could reasonably be expected to result in material financial loss or prejudice competitive position
  3. 3 Whether disclosure could prejudice the conduct or outcome of negotiations

Ratio Decidendi

The Commissioner found that while the information was commercially sensitive and its release could prejudice Telecom Eireann's competitive advantage and the outcome of negotiations, the public interest in transparency, value for money, and openness about public expenditure outweighed the potential harm to Telecom Eireann. Therefore, the exemptions under section 27(1)(b) and (c) did not apply due to the public interest override in section 27(3).

Court Disposition

Mixed: Affirmed in part, annulled in part

Orders

  • Affirmed the decision of the Department of Finance to release the records.
  • Annulled the decisions of the Department of Agriculture and Food and the Office of the Revenue Commissioners to withhold or summarise records; directed release of original records to Mr Henry, subject to deletions for security.