Mr Y and Tailte Eireann (Tailte Eireann) [2024] IEIC 138736 (5 January 2024)

Mr Y and Tailte Eireann (Tailte Eireann) [2024] IEIC 138736 (5 January 2024)

Disclosure of the specified instrument is prohibited by Rule 159 of the Land Registration Rules 2012, which is not excluded by Schedule 3 of the FOI Act; therefore, section 41(1)(a) applies and the record is exempt from release.

Citation
[2024] IEIC 138736
Parties
Applicant: Mr Y; Respondent: Tailte Éireann
Jurisdiction
Ireland
Judgment Date
05 January 2024
Procedural Posture
Freedom of Information Review / Decision on Review by Information Commissioner
Outcome
request refused and original decision affirmed
Legal Topics
FOI Act Section 41, Land Registration Rules 2012, Access to Public Records, Exemptions From Disclosure
Administrative Law Freedom of Information FOI Act Section 41 Land Registration Rules 2012 Access to Public Records Exemptions From Disclosure

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Parties

Mr Y

Applicant

Tailte Éireann

Respondent

Procedural Posture

Freedom of Information Review / Decision on Review by Information Commissioner

Legal Issues

  1. 1 Whether disclosure of the specified Land Registry instrument is prohibited by law under section 41(1)(a) of the FOI Act due to the Land Registration Rules 2012

Ratio Decidendi

Disclosure of the specified instrument is prohibited by Rule 159 of the Land Registration Rules 2012, which is not excluded by Schedule 3 of the FOI Act; therefore, section 41(1)(a) applies and the record is exempt from release.

Court Disposition

request refused and original decision affirmed