Sheedy -v- The Information Commissioner [2005] IESC 35 (30 May 2005)

Sheedy -v- The Information Commissioner [2005] IESC 35 (30 May 2005)

Section 53 of the Education Act, 1998, does not disapply the Freedom of Information Act, 1997, but is a discretionary non-disclosure provision compatible with section 32 of the 1997 Act. The Information Commissioner was correct to consider the application of section 53 within the framework of the 1997 Act. The reports in question do not enable the compilation of comparative performance information as contemplated by section 53, and thus are not exempt from disclosure. The appeal is dismissed as no error of law was established.

Citation
[2005] IESC 35
Parties
Appellant: Barney Sheedy; Respondent: The Information Commissioner; First Notice Party: The Minister for Education and Science; Second Notice Party: The Irish Times Limited
Jurisdiction
Ireland
Judgment Date
30 May 2005
Procedural Posture
Appeal / Supreme Court Judgment on Appeal From High Court Under Freedom of Information Act, 1997
Outcome
Appeal dismissed; High Court order affirmed
Legal Topics
Statutory Interpretation, Access to Information, Confidentiality, Judicial Review, Public Interest
Administrative Law Freedom of Information Education Law Statutory Interpretation Access to Information Confidentiality Judicial Review Public Interest

Case Brief

Summary, issues, holding and outcome

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Parties

Barney Sheedy

Appellant

The Information Commissioner

Respondent

The Minister for Education and Science

First Notice Party

The Irish Times Limited

Second Notice Party

Procedural Posture

Appeal / Supreme Court Judgment on Appeal From High Court Under Freedom of Information Act, 1997

Legal Issues

  1. 1 Whether section 53 of the Education Act, 1998, disapplies the Freedom of Information Act, 1997, in respect of school inspectors' reports
  2. 2 Whether the refusal to disclose school inspectors' reports was justified under sections 21, 26, or 32 of the Freedom of Information Act, 1997
  3. 3 Whether the Information Commissioner erred in law in directing disclosure of redacted school reports

Ratio Decidendi

Section 53 of the Education Act, 1998, does not disapply the Freedom of Information Act, 1997, but is a discretionary non-disclosure provision compatible with section 32 of the 1997 Act. The Information Commissioner was correct to consider the application of section 53 within the framework of the 1997 Act. The reports in question do not enable the compilation of comparative performance information as contemplated by section 53, and thus are not exempt from disclosure. The appeal is dismissed as no error of law was established.

Court Disposition

Appeal dismissed; High Court order affirmed

Orders

  • Access to redacted versions of the Tuairiscí Scoile (school inspectors' reports) to be granted as directed by the Information Commissioner
  • Stay on publication of the report lifted