Mr. X and Irish Prison Service (IPS) [2024] IEIC 143944 (17 September 2024)

Mr. X and Irish Prison Service (IPS) [2024] IEIC 143944 (17 September 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 143944
Parties
Applicant: Mr. X; Respondent: Irish Prison Service (IPS)
Jurisdiction
Ireland
Judgment Date
17 September 2024
Procedural Posture
Freedom of Information Review / Final Determination by Information Commissioner
Outcome
request refused
Legal Topics
Refusal of FOI Request, Fees and Deposits, Section 15(1)(h) FOI Act
Administrative Law Freedom of Information Refusal of FOI Request Fees and Deposits Section 15(1)(h) FOI Act

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Parties

Mr. X

Applicant

Irish Prison Service (IPS)

Respondent

Procedural Posture

Freedom of Information Review / Final Determination by Information Commissioner

Legal Issues

  1. 1 Whether IPS was justified in refusing access to records under section 15(1)(h) of the FOI Act due to unpaid fees or deposits from previous requests

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

Orders

  • IPS's refusal under section 15(1)(h) affirmed