Mr LB and Commission for Public Service Appointments (FOI Act 2014) (Commission for Public Service Appointments) [2017] IEIC 170222 (25 October 2017)

Mr LB and Commission for Public Service Appointments (FOI Act 2014) (Commission for Public Service Appointments) [2017] IEIC 170222 (25 October 2017)

The applicant did not have a material interest in a matter affected by the act for which the statement of reasons was sought, as the act in question was not the exercise of a power or function of the CPSA that conferred or withheld a benefit. Therefore, the CPSA was not required to provide a statement of reasons under section 10 of the FOI Act.

Citation
[2017] IEIC 170222
Parties
Applicant: Mr LB; Respondent: Commission for Public Service Appointments
Jurisdiction
Ireland
Judgment Date
25 October 2017
Procedural Posture
FOI Review / Decision on Review Under Section 22(2) of the FOI Act 2014
Outcome
refusal affirmed
Legal Topics
Statement of Reasons, Material Interest, FOI Act Section 10, Public Body Obligations
Administrative Law Freedom of Information Statement of Reasons Material Interest FOI Act Section 10 Public Body Obligations

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Parties

Mr LB

Applicant

Commission for Public Service Appointments

Respondent

Procedural Posture

FOI Review / Decision on Review Under Section 22(2) of the FOI Act 2014

Legal Issues

  1. 1 Whether the CPSA was required to provide a statement of reasons under section 10 of the FOI Act 2014

Ratio Decidendi

The applicant did not have a material interest in a matter affected by the act for which the statement of reasons was sought, as the act in question was not the exercise of a power or function of the CPSA that conferred or withheld a benefit. Therefore, the CPSA was not required to provide a statement of reasons under section 10 of the FOI Act.

Court Disposition

refusal affirmed

Orders

  • Refusal of the CPSA to provide a statement of reasons is affirmed.