Mr X and ESB Networks DAC (FOI Act 2014) [2017] IEIC 170237 (30 June 2017)

Mr X and ESB Networks DAC (FOI Act 2014) [2017] IEIC 170237 (30 June 2017)

The records sought concern ESB's functions as Distribution Asset Owner, not ESB Networks DAC's functions as Distribution System Operator under its DSO licence; therefore, the FOI Act does not apply and no right of access exists.

Citation
[2017] IEIC 170237
Parties
Applicant: Mr X; Respondent: ESB Networks DAC
Jurisdiction
Ireland
Judgment Date
30 June 2017
Procedural Posture
FOI Review / Decision on Review by Information Commissioner
Outcome
request refused; decision affirmed
Legal Topics
Scope of FOI Act, Public Body Definition, Exempt Records
Administrative Law Freedom of Information Scope of FOI Act Public Body Definition Exempt Records

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Parties

Mr X

Applicant

ESB Networks DAC

Respondent

Procedural Posture

FOI Review / Decision on Review by Information Commissioner

Legal Issues

  1. 1 Whether ESB Networks DAC was justified in refusing access to records relating to land transfer for a sub-station on the ground that the FOI Act does not apply to the records sought

Ratio Decidendi

The records sought concern ESB's functions as Distribution Asset Owner, not ESB Networks DAC's functions as Distribution System Operator under its DSO licence; therefore, the FOI Act does not apply and no right of access exists.

Court Disposition

request refused; decision affirmed