X and Department of Transport, Tourism and Sport (the Department) [2015] IEIC 150122 (3 June 2015)

X and Department of Transport, Tourism and Sport (the Department) [2015] IEIC 150122 (3 June 2015)

The Department failed to comply with the statutory time limits set out in section 38 of the FOI Act 2014 for notifying and consulting with the affected third party. As a result, the Information Commissioner lacks jurisdiction to review the decision, and the Department's decision must be annulled.

Citation
[2015] IEIC 150122
Parties
Applicant/third Party: X; Respondent/public Body: Department of Transport, Tourism and Sport
Jurisdiction
Ireland
Judgment Date
03 June 2015
Procedural Posture
FOI Review / Decision on Review by Information Commissioner
Outcome
Department's decision annulled; matter remitted for fresh decision under section 38.
Legal Topics
FOI Act 2014, Section 38 Procedure, Statutory Time Limits, Public Interest Override, Third Party Rights
Administrative Law Freedom of Information FOI Act 2014 Section 38 Procedure Statutory Time Limits Public Interest Override Third Party Rights

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Parties

X

Applicant/third Party

Department of Transport, Tourism and Sport

Respondent/public Body

Procedural Posture

FOI Review / Decision on Review by Information Commissioner

Legal Issues

  1. 1 Whether the Department complied with statutory time limits under section 38 of the FOI Act 2014
  2. 2 Whether the Information Commissioner has jurisdiction to review a decision where section 38 requirements were not correctly applied

Ratio Decidendi

The Department failed to comply with the statutory time limits set out in section 38 of the FOI Act 2014 for notifying and consulting with the affected third party. As a result, the Information Commissioner lacks jurisdiction to review the decision, and the Department's decision must be annulled.

Court Disposition

Department's decision annulled; matter remitted for fresh decision under section 38.

Orders

  • The Department's decision is annulled.
  • The Department must conduct a new first instance decision-making process under section 38 of the FOI Act 2014.