ABC Ltd & Roscommon County Council [2010] IEIC 080284 (12 August 2010)

ABC Ltd & Roscommon County Council [2010] IEIC 080284 (12 August 2010)

The Council failed to justify refusal of access to the majority of the records under section 27(1)(b) as no evidence was provided that disclosure would cause material financial loss or prejudice competitive position. The public interest in transparency and accountability in public expenditure outweighs any potential harm, except for the financial, banking, and insurance details of the successful tenderer and the identities of unsuccessful tenderers, which may remain withheld.

Citation
[2010] IEIC 080284
Parties
Applicant: ABC Ltd; Respondent: Roscommon County Council
Jurisdiction
Ireland
Judgment Date
12 August 2010
Procedural Posture
FOI Review / Decision of Senior Investigator Following Review Under Section 34(2) of the FOI Act
Outcome
Council's decision varied; partial release ordered
Legal Topics
Commercial Sensitivity, Public Interest, Tender Process, Exemptions Under FOI Act
Administrative Law Freedom of Information Commercial Sensitivity Public Interest Tender Process Exemptions Under FOI Act

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 4 Party arguments 2
Sign in to unlock

Parties

ABC Ltd

Applicant

Roscommon County Council

Respondent

Procedural Posture

FOI Review / Decision of Senior Investigator Following Review Under Section 34(2) of the FOI Act

Legal Issues

  1. 1 Whether the Council is justified in refusing access to records relating to a public tender process on the grounds of commercial sensitivity under section 27(1)(b) of the FOI Act

Ratio Decidendi

The Council failed to justify refusal of access to the majority of the records under section 27(1)(b) as no evidence was provided that disclosure would cause material financial loss or prejudice competitive position. The public interest in transparency and accountability in public expenditure outweighs any potential harm, except for the financial, banking, and insurance details of the successful tenderer and the identities of unsuccessful tenderers, which may remain withheld.

Court Disposition

Council's decision varied; partial release ordered

Orders

  • Release all withheld records except for (1) banking, financial, and insurance details of the successful tenderer in Appendix 5, and (2) information identifying unsuccessful tenderers.