Mr C and The Defence Forces (FOI Act 2014) [2016] IEIC 150243 (19 January 2016)

Mr C and The Defence Forces (FOI Act 2014) [2016] IEIC 150243 (19 January 2016)

Section 42(c)(ii)(II) of the FOI Act excludes only records relating to the appointment of a provost marshal under section 170 of the Defence Act 1954, not records relating to the functions or investigations conducted by the provost marshal. The record sought does not have a sufficiently substantial link to the purpose of section 170, which is limited to the appointment of the provost marshal. Therefore, the Defence Forces were not justified in refusing access on this ground.

Citation
[2016] IEIC 150243
Parties
Applicant: Mr C; Respondent: The Defence Forces
Jurisdiction
Ireland
Judgment Date
19 January 2016
Procedural Posture
FOI Review / Decision of Information Commissioner Under Section 22(2) of the FOI Act
Outcome
decision annulled and remitted
Legal Topics
Scope of FOI Act, Statutory Interpretation, Military Law Records
Administrative Law Freedom of Information Scope of FOI Act Statutory Interpretation Military Law Records

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Parties

Mr C

Applicant

The Defence Forces

Respondent

Procedural Posture

FOI Review / Decision of Information Commissioner Under Section 22(2) of the FOI Act

Legal Issues

  1. 1 Whether the Defence Forces were justified in refusing access to a military police report under section 42(c)(ii)(II) of the FOI Act

Ratio Decidendi

Section 42(c)(ii)(II) of the FOI Act excludes only records relating to the appointment of a provost marshal under section 170 of the Defence Act 1954, not records relating to the functions or investigations conducted by the provost marshal. The record sought does not have a sufficiently substantial link to the purpose of section 170, which is limited to the appointment of the provost marshal. Therefore, the Defence Forces were not justified in refusing access on this ground.

Court Disposition

decision annulled and remitted

Orders

  • The decision of the Defence Forces is annulled.
  • The Defence Forces are directed to conduct a fresh decision making process on the applicant's request.