Mr. X and Irish Prison Service [2024] IEIC 142352 (24 July 2024)

Mr. X and Irish Prison Service [2024] IEIC 142352 (24 July 2024)

IPS was justified in refusing the applicant's FOI request under section 15(1)(h) because the applicant failed to pay a fee or deposit in respect of a previous request, and section 15(1)(h) permits refusal on this basis.

Citation
[2024] IEIC 142352
Parties
Applicant: Mr. X; Respondent: Irish Prison Service
Jurisdiction
Ireland
Judgment Date
24 July 2024
Procedural Posture
Freedom of Information Review / Final Decision by Senior Investigator
Outcome
Request refused; IPS decision affirmed
Legal Topics
FOI Refusal, Search and Retrieval Fees, Deposits, Section 15(1)(h) FOI Act
Administrative Law Freedom of Information FOI Refusal Search and Retrieval Fees Deposits Section 15(1)(h) FOI Act

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Parties

Mr. X

Applicant

Irish Prison Service

Respondent

Procedural Posture

Freedom of Information Review / Final Decision by Senior Investigator

Legal Issues

  1. 1 Whether IPS was justified in refusing the applicant's FOI request under section 15(1)(h) due to unpaid deposit or fee for a previous request

Ratio Decidendi

IPS was justified in refusing the applicant's FOI request under section 15(1)(h) because the applicant failed to pay a fee or deposit in respect of a previous request, and section 15(1)(h) permits refusal on this basis.

Court Disposition

Request refused; IPS decision affirmed

Orders

  • IPS's refusal under section 15(1)(h) FOI Act affirmed
  • Applicant's FOI request of 15 May 2023 refused