Mr. X and EirGrid (FOI Act 2014) [2017] IEIC 160220 (3 January 2017)

Mr. X and EirGrid (FOI Act 2014) [2017] IEIC 160220 (3 January 2017)

The Agreement and three related emails relate to EirGrid's functions under its TSO licence and are not excluded from FOI by Schedule 1, Part 1(i). Two emails are exempt under section 31(1)(a) as privileged legal communications; the Agreement and one email are not privileged. The Agreement and the email are not exempt under sections 35 or 37. Only specific fee-related information in the Agreement is exempt under section 36(1)(b) as commercially sensitive; the remainder must be released. EirGrid must also undertake a fresh decision process for 17 additional records and invoices identified during the review.

Citation
[2017] IEIC 160220
Parties
Applicant: Mr. X; Respondent: EirGrid; Third Party: ESB
Jurisdiction
Ireland
Judgment Date
03 January 2017
Procedural Posture
FOI Review / Decision of the Information Commissioner Following Review
Outcome
Varied; partial release ordered
Legal Topics
FOI Exemptions, Legal Professional Privilege, Confidential Information, Commercial Sensitivity, Personal Information, Scope of FOI Requests
Freedom of Information Administrative Law Public Procurement FOI Exemptions Legal Professional Privilege Confidential Information Commercial Sensitivity Personal Information +1 more

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Parties

Mr. X

Applicant

EirGrid

Respondent

ESB

Third Party

Procedural Posture

FOI Review / Decision of the Information Commissioner Following Review

Legal Issues

  1. 1 Whether EirGrid was justified in refusing access to a Legal Services Consultancy Agreement and related records under various exemptions of the FOI Act 2014
  2. 2 Whether the records fall within the exclusion in Schedule 1, Part 1(i) of the FOI Act
  3. 3 Whether exemptions under sections 31(1)(a), 35(1)(a), 35(1)(b), 36(1)(b), 36(1)(c), and 37(1) apply

Ratio Decidendi

The Agreement and three related emails relate to EirGrid's functions under its TSO licence and are not excluded from FOI by Schedule 1, Part 1(i). Two emails are exempt under section 31(1)(a) as privileged legal communications; the Agreement and one email are not privileged. The Agreement and the email are not exempt under sections 35 or 37. Only specific fee-related information in the Agreement is exempt under section 36(1)(b) as commercially sensitive; the remainder must be released. EirGrid must also undertake a fresh decision process for 17 additional records and invoices identified during the review.

Court Disposition

Varied; partial release ordered

Orders

  • Release the Agreement with redactions for hourly rates and fees for counsel as specified in schedule 2.
  • Release one related email (email iii).