Mr X and Quality and Qualifications Ireland (FOI Act 2014) (Quality and Qualifications Ireland) [2018] IEIC 180205 (10 December 2018)

Mr X and Quality and Qualifications Ireland (FOI Act 2014) (Quality and Qualifications Ireland) [2018] IEIC 180205 (10 December 2018)

The comments for which the applicant sought statements of reasons are not acts or decisions within the meaning of section 10 of the FOI Act, as they do not constitute the exercise or refusal to exercise a power or function conferring or withholding a benefit. QQI was not required to provide statements of reasons for these comments.

Citation
[2018] IEIC 180205
Parties
Applicant: Mr X; Respondent: Quality and Qualifications Ireland
Jurisdiction
Ireland
Judgment Date
10 December 2018
Procedural Posture
FOI Review / Final Decision by Information Commissioner
Outcome
decision affirmed
Legal Topics
Statements of Reasons, FOI Act 2014 Section 10, Material Interest, Acts of FOI Body
Administrative Law Freedom of Information Statements of Reasons FOI Act 2014 Section 10 Material Interest Acts of FOI Body

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Parties

Mr X

Applicant

Quality and Qualifications Ireland

Respondent

Procedural Posture

FOI Review / Final Decision by Information Commissioner

Legal Issues

  1. 1 Whether QQI is required under section 10 of the FOI Act to provide statements of reasons for comments made by staff in correspondence with the applicant and ENQA

Ratio Decidendi

The comments for which the applicant sought statements of reasons are not acts or decisions within the meaning of section 10 of the FOI Act, as they do not constitute the exercise or refusal to exercise a power or function conferring or withholding a benefit. QQI was not required to provide statements of reasons for these comments.

Court Disposition

decision affirmed

Orders

  • QQI is not required to provide statements of reasons for the comments sought by the applicant under section 10 of the FOI Act