Mr X and the Equality Authority [2015] IEIC 140197 (23 February 2015)

Mr X and the Equality Authority [2015] IEIC 140197 (23 February 2015)

Record 4 is exempt under advice privilege as it contains legal advice from the Authority's Head of Legal Services. Records 5 and 6 do not attract advice or litigation privilege and must be released. No further records exist or can be found after reasonable search.

Source-derived case information.

Citation
[2015] IEIC 140197
Parties
Applicant: Mr X; Respondent: Equality Authority
Jurisdiction
Ireland
Judgment Date
23 February 2015
Procedural Posture
Freedom of Information Review / Binding Decision by Information Commissioner
Outcome
Authority's decision varied and affirmed in part
Legal Topics
Legal Professional Privilege, Access to Information, Record Search Obligations
Administrative Law Information Law Legal Professional Privilege Access to Information Record Search Obligations

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Parties

Mr X

Applicant

Equality Authority

Respondent

Procedural Posture

Freedom of Information Review / Binding Decision by Information Commissioner

Legal Issues

  1. 1 Whether records 4, 5, and 6 are exempt from release under section 22(1)(a) of the FOI Act due to legal professional privilege
  2. 2 Whether further records exist or can be found under section 10(1)(a) of the FOI Act

Ratio Decidendi

Record 4 is exempt under advice privilege as it contains legal advice from the Authority's Head of Legal Services. Records 5 and 6 do not attract advice or litigation privilege and must be released. No further records exist or can be found after reasonable search.

Court Disposition

Authority's decision varied and affirmed in part

Orders

  • Release Records 5 and 6 to applicant
  • Refuse release of Record 4 under section 22(1)(a)