Mr JM and Cavan County Council (FOI Act 2014) (Cavan County Council) [2017] IEIC 170247 (26 October 2017)
The Council was not justified in refusing to confirm or deny the existence of records because disclosure would not prejudice the future supply of similar important confidential information, especially as the existence of an investigation was already publicly acknowledged.
Source-derived case information.
- Citation
- [2017] IEIC 170247
- Parties
- Applicant: Mr JM; Respondent: Cavan County Council
- Jurisdiction
- Ireland
- Judgment Date
- 26 October 2017
- Procedural Posture
- Freedom of Information Review / Decision on Review
- Outcome
- Council's decision annulled; new decision-making process ordered
- Legal Topics
- Refusal to Confirm or Deny Existence of Records, Confidential Information, FOI Exemptions
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mr JM
Applicant
Cavan County Council
Respondent
Procedural Posture
Freedom of Information Review / Decision on Review
Legal Issues
- 1 Whether the Council was justified in refusing to confirm or deny the existence of records relating to allegations of false invoices and related investigation
Ratio Decidendi
The Council was not justified in refusing to confirm or deny the existence of records because disclosure would not prejudice the future supply of similar important confidential information, especially as the existence of an investigation was already publicly acknowledged.
Court Disposition
Council's decision annulled; new decision-making process ordered
Orders
- Council to conduct a new decision-making process on the FOI request
- Statutory time limit for decision begins after expiration of appeal period
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