Cara Technologies and the Environmental Protection Agency [2009] IEIC 040312 (10 June 2009)

Cara Technologies and the Environmental Protection Agency [2009] IEIC 040312 (10 June 2009)

EPA records copied from DPP are not outside FOI Act scope; EPA waived any legal professional privilege; contempt of court not established as real risk; only two records found to risk fairness of pending proceedings and withheld; remaining records not exempt under sections 23(1)(a)(i) or (ii); commercial sensitivity present but outweighed by public interest in transparency regarding food chain contamination and EPA investigation.

Citation
[2009] IEIC 040312
Parties
Applicant: Cara Technologies; Respondent: Environmental Protection Agency; Third Party: ABC; Third Party: Director of Public Prosecutions; Third Party: National Bureau of Criminal Investigation (Gardai)
Jurisdiction
Ireland
Judgment Date
10 June 2009
Procedural Posture
Freedom of Information Review / Final Determination by Information Commissioner
Outcome
Partial release
Legal Topics
Freedom of Information, Legal Professional Privilege, Contempt of Court, Fairness of Proceedings, Commercial Sensitivity, Public Interest
Administrative Law Criminal Law Environmental Law Information Law Freedom of Information Legal Professional Privilege Contempt of Court Fairness of Proceedings +2 more

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Parties

Cara Technologies

Applicant

Environmental Protection Agency

Respondent

ABC

Third Party

Director of Public Prosecutions

Third Party

National Bureau of Criminal Investigation (Gardai)

Third Party

Procedural Posture

Freedom of Information Review / Final Determination by Information Commissioner

Legal Issues

  1. 1 Whether EPA records copied from DPP are outside FOI Act scope
  2. 2 Whether records are subject to legal professional privilege
  3. 3 Whether disclosure would constitute contempt of court

Ratio Decidendi

EPA records copied from DPP are not outside FOI Act scope; EPA waived any legal professional privilege; contempt of court not established as real risk; only two records found to risk fairness of pending proceedings and withheld; remaining records not exempt under sections 23(1)(a)(i) or (ii); commercial sensitivity present but outweighed by public interest in transparency regarding food chain contamination and EPA investigation.

Court Disposition

Partial release

Orders

  • EPA directed to release all withheld records except two found to risk fairness of pending court hearings; two records to remain withheld.