Mr X and the Defence Forces [2015] IEIC 150066 (29 June 2015)

Mr X and the Defence Forces [2015] IEIC 150066 (29 June 2015)

The act of providing information by the Defence Forces did not confer or withhold a benefit from the applicant; therefore, section 10 of the FOI Act does not entitle the applicant to a statement of reasons for that act.

Citation
[2015] IEIC 150066
Parties
Applicant: Mr X; Respondent: Defence Forces
Jurisdiction
Ireland
Judgment Date
29 June 2015
Procedural Posture
Freedom of Information Review / Final Decision by Information Commissioner
Outcome
Applicant not entitled to a statement of reasons under section 10 of the FOI Act.
Legal Topics
Statement of Reasons, Material Interest, Benefit Under FOI Act
Administrative Law Freedom of Information Statement of Reasons Material Interest Benefit Under FOI Act

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Parties

Mr X

Applicant

Defence Forces

Respondent

Procedural Posture

Freedom of Information Review / Final Decision by Information Commissioner

Legal Issues

  1. 1 Whether the Defence Forces was required to provide a statement of reasons under section 10 of the FOI Act for its response to the Department regarding the applicant's role

Ratio Decidendi

The act of providing information by the Defence Forces did not confer or withhold a benefit from the applicant; therefore, section 10 of the FOI Act does not entitle the applicant to a statement of reasons for that act.

Court Disposition

Applicant not entitled to a statement of reasons under section 10 of the FOI Act.

Orders

  • Decision of the Defence Forces varied; applicant not entitled to a statement of reasons for the act identified.