MJP Ltd and IDA Ireland Ltd (FOI Act 2014) [2016] IEIC 150390 (17 February 2016)

MJP Ltd and IDA Ireland Ltd (FOI Act 2014) [2016] IEIC 150390 (17 February 2016)

The IDA failed to justify the application of sections 29, 30(1)(a), 30(1)(b), 30(1)(c), and 40(1)(d) as the record did not relate to a deliberative process, did not disclose negotiation positions, and no unwarranted benefit or loss was demonstrated. Section 36(1)(c) applied only to information on page 19 and...

Source-derived case information.

Citation
[2016] IEIC 150390
Parties
Applicant: MJP Ltd; Respondent: IDA Ireland Ltd
Jurisdiction
Ireland
Judgment Date
17 February 2016
Procedural Posture
Freedom of Information Review / Decision of Information Commissioner Following Internal Review
Outcome
Partially allowed
Legal Topics
FOI Exemptions, Public Interest Test, Commercial Sensitivity, Deliberative Process, Negotiations, Release of Information
Administrative Law Freedom of Information FOI Exemptions Public Interest Test Commercial Sensitivity Deliberative Process Negotiations Release of Information

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Parties

MJP Ltd

Applicant

IDA Ireland Ltd

Respondent

Procedural Posture

Freedom of Information Review / Decision of Information Commissioner Following Internal Review

Legal Issues

  1. 1 Whether IDA Ireland was justified in refusing access to a valuation report under sections 29, 30(1)(a), 30(1)(b), 30(1)(c), 36(1)(c), and 40(1)(d) of the FOI Act 2014

Ratio Decidendi

The IDA failed to justify the application of sections 29, 30(1)(a), 30(1)(b), 30(1)(c), and 40(1)(d) as the record did not relate to a deliberative process, did not disclose negotiation positions, and no unwarranted benefit or loss was demonstrated. Section 36(1)(c) applied only to information on page 19 and monetary amounts on page 21, as their release could prejudice ongoing negotiations. The remainder of the report was not exempt and should be released.

Court Disposition

Partially allowed

Orders

  • Release the valuation report with redactions to exempt information on page 19 and monetary amounts on page 21; refuse access to those exempt portions.