H. (E.) v. Information Commissioner [2001] IEHC 58; [2001] 2 IR 463 (4th April, 2001)

H. (E.) v. Information Commissioner [2001] IEHC 58; [2001] 2 IR 463 (4th April, 2001)

Where a head of a public body or the Commissioner is aware of an undertaking to a court (express or implied), disclosure of documents subject to that undertaking must be refused under s.22(1)(b) of the Freedom of Information Act 1997, as such disclosure would constitute contempt of court. The FOI Act cannot be used...

Source-derived case information.

Citation
[2001] 2 IR 463
Parties
Appellant: Appellant (unnamed); Respondent: Information Commissioner; Notice Party: Minister for Health and Children; Notice Party: Eastern Health Board; Notice Party: Appellant's daughter and former partner
Jurisdiction
Ireland
Procedural Posture
Appeal Under Freedom of Information Act 1997, S.42(1) / High Court Judgment
Outcome
Appeal dismissed
Legal Topics
Freedom of Information, Discovery in Litigation, Legal Professional Privilege, Contempt of Court, In Camera Rule
Administrative Law Constitutional Law Information Law Freedom of Information Discovery in Litigation Legal Professional Privilege Contempt of Court In Camera Rule

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Summary, issues, holding and outcome

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Parties

Appellant (unnamed)

Appellant

Information Commissioner

Respondent

Minister for Health and Children

Notice Party

Eastern Health Board

Notice Party

Appellant's daughter and former partner

Notice Party

Procedural Posture

Appeal Under Freedom of Information Act 1997, S.42(1) / High Court Judgment

Legal Issues

  1. 1 Whether disclosure of documents obtained on discovery, subject to express or implied undertakings of confidentiality, can be compelled under the Freedom of Information Act 1997
  2. 2 Whether such disclosure would constitute a contempt of court under s.22(1)(b) of the Act
  3. 3 Whether refusal of access to pre-commencement documents or documents not relating to personal information is lawful under ss.6(4) and 6(5) of the Act

Ratio Decidendi

Where a head of a public body or the Commissioner is aware of an undertaking to a court (express or implied), disclosure of documents subject to that undertaking must be refused under s.22(1)(b) of the Freedom of Information Act 1997, as such disclosure would constitute contempt of court. The FOI Act cannot be used to circumvent court orders or undertakings. Refusal of access to pre-commencement documents or those not relating to personal information is lawful under ss.6(4) and 6(5).

Court Disposition

Appeal dismissed

Orders

  • The Commissioner's decision to refuse access to documents in Category A (both Board and Minister) is upheld under s.22(1)(b) of the Act.
  • Refusal of access to documents in Categories B, C, and D (Board) and Category B (Minister) under ss.6(4) and 6(5) is upheld, subject to the court's right to examine documents where refusal is based exclusively on these subsections.