Mr. X and Cork County Council [2014] IEIC 130045 (30 April 2014)

Mr. X and Cork County Council [2014] IEIC 130045 (30 April 2014)

The Council was justified in refusing access to records under categories 6, 7, 10, and 11 as they did not exist or were not held by the Council (section 10(1)(a)). The Council was not justified in refusing access to records under categories 3, 4, 5, 8, 9, 12, and 13 as legal professional privilege did not apply; the records were not created for the purpose of legal advice or litigation (section 22(1)(a)).

Citation
[2014] IEIC 130045
Parties
Applicant: Mr. X; Respondent: Cork County Council
Jurisdiction
Ireland
Judgment Date
30 April 2014
Procedural Posture
Freedom of Information Review / Final Decision by Information Commissioner
Outcome
partially allowed
Legal Topics
Access to Information, Legal Professional Privilege, Public Records, FOI Exemptions
Administrative Law Freedom of Information Access to Information Legal Professional Privilege Public Records FOI Exemptions

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Parties

Mr. X

Applicant

Cork County Council

Respondent

Procedural Posture

Freedom of Information Review / Final Decision by Information Commissioner

Legal Issues

  1. 1 Whether Cork County Council was justified in refusing access to certain records under sections 10(1)(a) and 22(1)(a) of the FOI Act

Ratio Decidendi

The Council was justified in refusing access to records under categories 6, 7, 10, and 11 as they did not exist or were not held by the Council (section 10(1)(a)). The Council was not justified in refusing access to records under categories 3, 4, 5, 8, 9, 12, and 13 as legal professional privilege did not apply; the records were not created for the purpose of legal advice or litigation (section 22(1)(a)).

Court Disposition

partially allowed

Orders

  • Annulled the Council's decision regarding categories 3, 4, 5, 8, 9, 12, and 13; directed release of these records.
  • Affirmed refusal of access to records in categories 6, 7, 10, and 11.