Mr X and Irish Prison Service [2021] IEIC OIC-108642-N8Q6N9 (8 September 2021)

Mr X and Irish Prison Service [2021] IEIC OIC-108642-N8Q6N9 (8 September 2021)

The record was given by the Department of Justice to the Taoiseach for use in Leaders' Questions in the Dáil, satisfying the requirements of section 42(j) of the FOI Act. The IPS was therefore justified in refusing access to the record.

Citation
[2021] IEIC OIC-108642-N8Q6N9
Parties
Applicant: Mr X; Respondent: Irish Prison Service
Jurisdiction
Ireland
Judgment Date
08 September 2021
Procedural Posture
FOI Appeal / Decision on Review
Outcome
appeal dismissed
Legal Topics
Exemptions to Disclosure, Parliamentary Privilege, Scope of FOI Act
Freedom of Information Exemptions to Disclosure Parliamentary Privilege Scope of FOI Act

Case Brief

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Parties

Mr X

Applicant

Irish Prison Service

Respondent

Procedural Posture

FOI Appeal / Decision on Review

Legal Issues

  1. 1 Whether the Irish Prison Service was justified in refusing access to a note concerning the applicant’s suspension from employment under section 42(j) of the FOI Act

Ratio Decidendi

The record was given by the Department of Justice to the Taoiseach for use in Leaders' Questions in the Dáil, satisfying the requirements of section 42(j) of the FOI Act. The IPS was therefore justified in refusing access to the record.

Court Disposition

appeal dismissed

Orders

  • Decision of the Irish Prison Service to refuse access to the email attachment affirmed under section 42(j) of the FOI Act.