Mr X and the Irish Prison Service (FOI Act 2014) (Irish Prison Service (the IPS)) [2018] IEIC 180194 (10 July 2018)

Mr X and the Irish Prison Service (FOI Act 2014) (Irish Prison Service (the IPS)) [2018] IEIC 180194 (10 July 2018)

The IPS was not entitled to refuse the request under section 15(1)(c) because it failed to comply with section 15(4) by not offering reasonable assistance to the applicant to amend the request.

Citation
[2018] IEIC 180194
Parties
Applicant: Mr X; Respondent: Irish Prison Service
Jurisdiction
Ireland
Judgment Date
10 July 2018
Procedural Posture
FOI Review / Decision on Review
Outcome
decision annulled and remitted for fresh consideration
Legal Topics
FOI Refusal on Administrative Grounds, Reasonable Assistance to Requester, Section 15(1)(c) FOI Act 2014, Section 15(4) FOI Act 2014
Administrative Law Freedom of Information FOI Refusal on Administrative Grounds Reasonable Assistance to Requester Section 15(1)(c) FOI Act 2014 Section 15(4) FOI Act 2014

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Parties

Mr X

Applicant

Irish Prison Service

Respondent

Procedural Posture

FOI Review / Decision on Review

Legal Issues

  1. 1 Whether the IPS was justified in refusing the applicant's FOI request under section 15(1)(c) of the FOI Act 2014 on the ground that processing the request would cause a substantial and unreasonable interference with or disruption of its work
  2. 2 Whether the IPS complied with its obligation under section 15(4) to assist or offer to assist the requester to amend the request

Ratio Decidendi

The IPS was not entitled to refuse the request under section 15(1)(c) because it failed to comply with section 15(4) by not offering reasonable assistance to the applicant to amend the request.

Court Disposition

decision annulled and remitted for fresh consideration

Orders

  • The decision of the IPS is annulled.
  • The request is remitted to the IPS for fresh consideration in compliance with section 15(4) of the FOI Act.