Mr X and Kerry County Council (FOI Act 2014) [2016] IEIC 160279 (8 September 2016)

Mr X and Kerry County Council (FOI Act 2014) [2016] IEIC 160279 (8 September 2016)

The Council failed to justify its refusal as it did not identify any statutory exemption, did not examine the records, and did not follow required FOI procedures. The refusal was not justified under the FOI Act.

Citation
[2016] IEIC 160279
Parties
Applicant: Mr X; Respondent: Kerry County Council
Jurisdiction
Ireland
Judgment Date
08 September 2016
Procedural Posture
FOI Review / Decision on Review
Outcome
Council's decision annulled; fresh decision required
Legal Topics
FOI Refusal, Public Procurement, Commercial Sensitivity, Procedural Fairness
Administrative Law Freedom of Information FOI Refusal Public Procurement Commercial Sensitivity Procedural Fairness

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Parties

Mr X

Applicant

Kerry County Council

Respondent

Procedural Posture

FOI Review / Decision on Review

Legal Issues

  1. 1 Whether the Council was justified in refusing access to records relating to a cancelled tender competition under the FOI Act 2014

Ratio Decidendi

The Council failed to justify its refusal as it did not identify any statutory exemption, did not examine the records, and did not follow required FOI procedures. The refusal was not justified under the FOI Act.

Court Disposition

Council's decision annulled; fresh decision required

Orders

  • Council to undertake a new first instance decision on the applicant's request and inform the applicant of the outcome in accordance with section 13 of the FOI Act