Killilea v. Information Commissioner [2003] IEHC 63 (11 April 2003)

Killilea v. Information Commissioner [2003] IEHC 63 (11 April 2003)

The applicant did not make a valid application under s.18 of the Freedom of Information Act 1997 because he failed to specify with sufficient clarity the act of the Department for which a statement of reasons was sought. The Commissioner's decision to discontinue the review under s.34(9)(a)(ii) was within his statutory discretion and was not unreasonable or unlawful. The appeal was therefore dismissed.

Citation
[2003] IEHC 63
Parties
Appellant: Joseph Killilea; Respondent: Information Commissioner
Jurisdiction
Ireland
Judgment Date
11 April 2003
Procedural Posture
Statutory Appeal Under Freedom of Information Act 1997, S.42 / High Court Appeal From Decision of Information Commissioner
Outcome
appeal dismissed
Legal Topics
Statutory Interpretation, Review of Administrative Decisions, Requirements for Valid FOI Applications, Discretion to Discontinue Review, Intellectual Property in Public Sector Context
Administrative Law Freedom of Information Statutory Interpretation Review of Administrative Decisions Requirements for Valid FOI Applications Discretion to Discontinue Review Intellectual Property in Public Sector Context

Case Brief

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Parties

Joseph Killilea

Appellant

Information Commissioner

Respondent

Procedural Posture

Statutory Appeal Under Freedom of Information Act 1997, S.42 / High Court Appeal From Decision of Information Commissioner

Legal Issues

  1. 1 Whether the Information Commissioner was correct in law to discontinue a review under s.34(9)(a)(ii) of the Freedom of Information Act 1997 on the basis that the applicant's request did not relate to a reviewable decision under s.34(1)
  2. 2 Whether the applicant made a valid application under s.18 of the Act for a statement of reasons for an act of a public body
  3. 3 Whether the act complained of was sufficiently specified and within the scope of the Act

Ratio Decidendi

The applicant did not make a valid application under s.18 of the Freedom of Information Act 1997 because he failed to specify with sufficient clarity the act of the Department for which a statement of reasons was sought. The Commissioner's decision to discontinue the review under s.34(9)(a)(ii) was within his statutory discretion and was not unreasonable or unlawful. The appeal was therefore dismissed.

Court Disposition

appeal dismissed

Orders

  • The appeal is dismissed.