Deely v. Information Commissioner [2001] IEHC 91 (11th May, 2001)

Deely v. Information Commissioner [2001] IEHC 91 (11th May, 2001)

The Freedom of Information Act, 1997 does not require the Director of Public Prosecutions to provide reasons for a prosecution decision where those reasons are contained in records exempted from the Act by section 46(1)(b). Section 18(2)(a) expressly excludes any requirement to provide information from exempt records. The refusal notice was not deficient as there were no public interest considerations relevant to the refusal, and the statutory requirements were met. There is no common law right to reasons in this context.

Citation
[2001] IEHC 91
Parties
Appellant: John Deely; Respondent: Information Commissioner; Notice Party: Director of Public Prosecutions
Jurisdiction
Ireland
Procedural Posture
Statutory Appeal / High Court Appeal on a Point of Law From Information Commissioner Decision
Outcome
appeal dismissed
Legal Topics
Statutory Interpretation, Exempt Records, Public Body Discretion, Right to Reasons for Decisions
Administrative Law Freedom of Information Statutory Interpretation Exempt Records Public Body Discretion Right to Reasons for Decisions

Case Brief

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Parties

John Deely

Appellant

Information Commissioner

Respondent

Director of Public Prosecutions

Notice Party

Procedural Posture

Statutory Appeal / High Court Appeal on a Point of Law From Information Commissioner Decision

Legal Issues

  1. 1 Whether the Freedom of Information Act, 1997 compels the Director of Public Prosecutions to provide reasons for a prosecution decision when such reasons are contained in exempt records under section 46(1)(b) of the Act.
  2. 2 Whether the refusal notice complied with statutory requirements for reasons and public interest considerations under section 8(2)(d) of the Act.

Ratio Decidendi

The Freedom of Information Act, 1997 does not require the Director of Public Prosecutions to provide reasons for a prosecution decision where those reasons are contained in records exempted from the Act by section 46(1)(b). Section 18(2)(a) expressly excludes any requirement to provide information from exempt records. The refusal notice was not deficient as there were no public interest considerations relevant to the refusal, and the statutory requirements were met. There is no common law right to reasons in this context.

Court Disposition

appeal dismissed

Orders

  • The decision of the Information Commissioner is affirmed.
  • No relief granted to the appellant.