Mr X and EirGrid (FOI Act 2014) [2017] IEIC 160574 (7 February 2017)

EirGrid failed to comply with the mandatory procedural requirements and statutory timeframes under section 38 of the FOI Act, rendering its decision to release records invalid.

Citation: [2017] IEIC 160574
Parties: Applicant: Mr X; Respondent: EirGrid
Jurisdiction: Ireland
Judgment Date: 07 February 2017
Procedural Posture: Freedom of Information Review / Review of Public Body Decision Under Section 22(2) FOI Act
Outcome: decision annulled
Legal Topics: FOI Act 2014, Section 38 Consultation, Public Interest Override, Procedural Compliance

Administrative Law Freedom of Information FOI Act 2014 Section 38 Consultation Public Interest Override Procedural Compliance

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Parties

Mr X

Applicant

EirGrid

Respondent

Procedural Posture

Freedom of Information Review / Review of Public Body Decision Under Section 22(2) FOI Act

Legal Issues

1 Whether EirGrid complied with the procedural requirements of section 38 of the FOI Act in notifying and consulting affected third parties before releasing records
2 Whether EirGrid was justified in its decision to release records in the public interest

Ratio Decidendi

EirGrid failed to comply with the mandatory procedural requirements and statutory timeframes under section 38 of the FOI Act, rendering its decision to release records invalid.

Court Disposition

decision annulled

Orders

EirGrid's decision is annulled
EirGrid is directed to conduct a new decision making process in compliance with section 38 of the FOI Act