Mr E and EirGrid PLC (FOI Act 2014) (EirGrid PLC) [2018] IEIC 170374 (3 January 2018)

Mr E and EirGrid PLC (FOI Act 2014) (EirGrid PLC) [2018] IEIC 170374 (3 January 2018)

EirGrid was justified in refusing access to records containing confidential and commercially sensitive information under sections 30(1)(c), 35(1)(a), and 36(1)(b) of the FOI Act, as disclosure could prejudice negotiations, breach confidentiality, and harm competitive positions. However, the final price of the winning tender is not commercially sensitive post-award and must be released.

Citation
[2018] IEIC 170374
Parties
Applicant: Mr E; Respondent: EirGrid PLC
Jurisdiction
Ireland
Judgment Date
03 January 2018
Procedural Posture
Freedom of Information Review / Decision of the Information Commissioner Following Internal Review
Outcome
Varied
Legal Topics
Access to Information, Confidentiality, Commercial Sensitivity, Public Interest, Tender Process
Administrative Law Freedom of Information Access to Information Confidentiality Commercial Sensitivity Public Interest Tender Process

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Parties

Mr E

Applicant

EirGrid PLC

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether EirGrid was justified in refusing access to records relating to a new 110 kV line project under sections 30, 35, 36, and 37 of the FOI Act 2014.

Ratio Decidendi

EirGrid was justified in refusing access to records containing confidential and commercially sensitive information under sections 30(1)(c), 35(1)(a), and 36(1)(b) of the FOI Act, as disclosure could prejudice negotiations, breach confidentiality, and harm competitive positions. However, the final price of the winning tender is not commercially sensitive post-award and must be released.

Court Disposition

Varied

Orders

  • Affirmed refusal of access to Records 1, 3-8, 10, 12-13, and 15 in full or in part under sections 30(1)(c), 35(1)(a), and 36(1)(b).
  • Annulled refusal of access to Record 2 and directed its full release.