Mr X and Sligo County Council [2022] IEIC OIC-106189 (14 February 2022)

Mr X and Sligo County Council [2022] IEIC OIC-106189 (14 February 2022)

The Council was justified in refusing access to additional records under section 15(1)(a) as all reasonable searches were conducted. The Council was justified in refusing access to specific records containing legal strategy under section 32(1)(a)(iv), but not justified in refusing access to the remainder of the records, which must be released.

Citation
[2022] IEIC OIC-106189
Parties
Applicant: Mr X; Respondent: Sligo County Council
Jurisdiction
Ireland
Judgment Date
14 February 2022
Procedural Posture
Freedom of Information Review / Decision on Review by Information Commissioner
Outcome
partially allowed
Legal Topics
Compulsory Purchase, Access to Information, Legal Professional Privilege, Fairness of Proceedings
Administrative Law Freedom of Information Compulsory Purchase Access to Information Legal Professional Privilege Fairness of Proceedings

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Parties

Mr X

Applicant

Sligo County Council

Respondent

Procedural Posture

Freedom of Information Review / Decision on Review by Information Commissioner

Legal Issues

  1. 1 Whether the Council was justified in refusing access to additional records under section 15(1)(a) of the FOI Act
  2. 2 Whether the Council was justified in refusing access to certain records under section 32(1)(a)(iv) of the FOI Act

Ratio Decidendi

The Council was justified in refusing access to additional records under section 15(1)(a) as all reasonable searches were conducted. The Council was justified in refusing access to specific records containing legal strategy under section 32(1)(a)(iv), but not justified in refusing access to the remainder of the records, which must be released.

Court Disposition

partially allowed

Orders

  • Council to release records 129-12, 129-13, 129-14, 129-15, 129-17, 129-18, 129-20, 129-21, 129-22, and 129-40 except for specified emails containing legal strategy.
  • Refusal of access to additional records and specified emails upheld.