O'Grady v. Information Commissioner [2007] IEHC 152 (30 March 2007)

O'Grady v. Information Commissioner [2007] IEHC 152 (30 March 2007)

The relationship between the Department and Religious Orders was statutory and regulatory, not contractual; therefore, no contract for services existed under s.6(9) of the Freedom of Information Act 1997, and the Department was not obliged to require the Orders to furnish records.

Source-derived case information.

Citation
[2007] IEHC 152
Parties
Appellant: John O'Grady; Respondent: Information Commissioner; Notice Party: Minister for Education and Science
Jurisdiction
Ireland
Judgment Date
30 March 2007
Procedural Posture
Appeal Under Freedom of Information Act 1997, S.42(1) / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Contract for Services, Statutory Interpretation, Access to Records, Public Body Obligations
Administrative Law Freedom of Information Contract for Services Statutory Interpretation Access to Records Public Body Obligations

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Parties

John O'Grady

Appellant

Information Commissioner

Respondent

Minister for Education and Science

Notice Party

Procedural Posture

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

Legal Issues

  1. 1 Whether a contract for services existed between the Department of Education and Religious Orders under s.6(9) of the Freedom of Information Act 1997
  2. 2 Whether the Department was obliged to require Religious Orders to furnish records for FOI purposes

Ratio Decidendi

The relationship between the Department and Religious Orders was statutory and regulatory, not contractual; therefore, no contract for services existed under s.6(9) of the Freedom of Information Act 1997, and the Department was not obliged to require the Orders to furnish records.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed; no contract for services found between Department and Religious Orders; Department not obliged to require Religious Orders to furnish records under FOI Act.