Mr X and Galway County Council (Galway County Council) [2020] IEIC 54891 (5 February 2020)

Mr X and Galway County Council (Galway County Council) [2020] IEIC 54891 (5 February 2020)

The Council was justified in refusing access to additional records for parts 1, 2, and 4 as no further relevant records exist, but was not justified in refusing access to records relating to costs (part 3) as it did not conduct reasonable searches or consider relevant records for release.

Citation
[2020] IEIC 54891
Parties
Applicant: Mr X; Respondent: Galway County Council
Jurisdiction
Ireland
Judgment Date
05 February 2020
Procedural Posture
FOI Review / Decision on Review
Outcome
varied
Legal Topics
Refusal of Access, Existence of Records, Administrative Practice
Freedom of Information Refusal of Access Existence of Records Administrative Practice

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Mr X

Applicant

Galway County Council

Respondent

Procedural Posture

FOI Review / Decision on Review

Legal Issues

  1. 1 Whether Galway County Council was justified under section 15(1)(a) of the FOI Act in refusing access to additional records relating to the Clifden Local Area Plan 2018-2024 on the ground that no further relevant records exist

Ratio Decidendi

The Council was justified in refusing access to additional records for parts 1, 2, and 4 as no further relevant records exist, but was not justified in refusing access to records relating to costs (part 3) as it did not conduct reasonable searches or consider relevant records for release.

Court Disposition

varied

Orders

  • Affirmed refusal for parts 1, 2, and 4 under section 15(1)(a) of the FOI Act.
  • Annulled refusal for part 3; directed Council to undertake a fresh decision-making process regarding records relating to costs.