Mr G and EirGrid PLC (FOI Act 2014) (EirGrid PLC) [2017] IEIC 170206 (6 November 2017)

Mr G and EirGrid PLC (FOI Act 2014) (EirGrid PLC) [2017] IEIC 170206 (6 November 2017)

EirGrid was justified in refusing access to certain records under section 36(1)(b) as their disclosure could prejudice ESBI's competitive position and result in material financial loss, and in refusing additional records under section 15(1)(a) as they do not exist or are not held. However, EirGrid was not justified in refusing access to certain other records, and must make a fresh decision or release them as directed.

Citation
[2017] IEIC 170206
Parties
Applicant: Mr G; Respondent: EirGrid PLC; Third Party: ESB International (ESBI)
Jurisdiction
Ireland
Judgment Date
06 November 2017
Procedural Posture
Freedom of Information Review / Decision of the Information Commissioner Following Internal Review
Outcome
Varied
Legal Topics
Access to Information, Commercial Sensitivity, Confidential Information, Personal Information, Public Procurement, Public Interest Override
Administrative Law Freedom of Information Access to Information Commercial Sensitivity Confidential Information Personal Information Public Procurement Public Interest Override

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Parties

Mr G

Applicant

EirGrid PLC

Respondent

ESB International (ESBI)

Third Party

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 under sections 35, 36, and 37 of the FOI Act
  2. 2 Whether EirGrid was justified in refusing to release additional records under section 15(1)(a) of the FOI Act

Ratio Decidendi

EirGrid was justified in refusing access to certain records under section 36(1)(b) as their disclosure could prejudice ESBI's competitive position and result in material financial loss, and in refusing additional records under section 15(1)(a) as they do not exist or are not held. However, EirGrid was not justified in refusing access to certain other records, and must make a fresh decision or release them as directed.

Court Disposition

Varied

Orders

  • Affirmed refusal to release additional records under section 15(1)(a).
  • Affirmed refusal to grant access to Record 1 in part, and Records 2 and 3 in full under section 36(1)(b).