Mr Q & EirGrid PLC (FOI Act 2014) (EirGrid PLC) [2019] IEIC 180368 (5 March 2019)

Mr Q & EirGrid PLC (FOI Act 2014) (EirGrid PLC) [2019] IEIC 180368 (5 March 2019)

EirGrid failed to justify its refusal to release records under section 31(1)(a) and did not demonstrate that all relevant records had been identified under section 15(1)(a); therefore, the decision to refuse access was not justified and must be annulled.

Citation
[2019] IEIC 180368
Parties
Applicant: Mr Q; Respondent: EirGrid PLC
Jurisdiction
Ireland
Judgment Date
05 March 2019
Procedural Posture
FOI Review / Decision on Review by Information Commissioner
Outcome
decision annulled and remitted for fresh consideration
Legal Topics
Refusal of Access to Records, Legal Professional Privilege, Adequacy of Search, Remittal for Fresh Decision
Freedom of Information Administrative Law Refusal of Access to Records Legal Professional Privilege Adequacy of Search Remittal for Fresh Decision

Case Brief

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Parties

Mr Q

Applicant

EirGrid PLC

Respondent

Procedural Posture

FOI Review / Decision on Review by Information Commissioner

Legal Issues

  1. 1 Whether EirGrid was justified in refusing access to records under sections 15 and 31 of the FOI Act 2014
  2. 2 Whether EirGrid properly identified all records relevant to the applicant's request

Ratio Decidendi

EirGrid failed to justify its refusal to release records under section 31(1)(a) and did not demonstrate that all relevant records had been identified under section 15(1)(a); therefore, the decision to refuse access was not justified and must be annulled.

Court Disposition

decision annulled and remitted for fresh consideration

Orders

  • EirGrid to undertake a fresh decision-making process on the applicant's request