Mr & Mrs X and the Defence Forces [2014] IEIC 130313 (13 June 2014)

Mr & Mrs X and the Defence Forces [2014] IEIC 130313 (13 June 2014)

The notes taken by the army officers at the Coroner's inquest are not privileged as they are mere transcripts of public proceedings and do not contain confidential legal advice or original composition; therefore, section 22(1)(a) does not justify refusal of access.

Citation
[2014] IEIC 130313
Parties
Applicants: Mr & Mrs X; Respondent: Defence Forces
Jurisdiction
Ireland
Judgment Date
13 June 2014
Procedural Posture
FOI Review Application / Final Decision by Information Commissioner
Outcome
Defence Forces' refusal annulled; records to be released
Legal Topics
Legal Professional Privilege, Public Records, Disclosure of Inquest Notes
Freedom of Information Administrative Law Legal Professional Privilege Public Records Disclosure of Inquest Notes

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Parties

Mr & Mrs X

Applicants

Defence Forces

Respondent

Procedural Posture

FOI Review Application / Final Decision by Information Commissioner

Legal Issues

  1. 1 Whether notes taken by army legal officers at a Coroner's inquest are exempt from disclosure under section 22(1)(a) of the FOI Act due to legal professional privilege

Ratio Decidendi

The notes taken by the army officers at the Coroner's inquest are not privileged as they are mere transcripts of public proceedings and do not contain confidential legal advice or original composition; therefore, section 22(1)(a) does not justify refusal of access.

Court Disposition

Defence Forces' refusal annulled; records to be released

Orders

  • Release the remainder of Records A and B to the applicants
  • If requested, provide a transcript of the remainder of Records A and B to the applicants