Ms L and Cork City Council (FOI Act 1997) [2017] IEIC 160573 (27 June 2017)

Ms L and Cork City Council (FOI Act 1997) [2017] IEIC 160573 (27 June 2017)

The Council was not justified in refusing the first part of the request under section 10(1)(a) due to lack of clarity and particulars in the scope; a fresh decision-making process is required. For the remainder, the Council conducted reasonable searches and was justified in refusing access under section 10(1)(a) as no further records exist or can be found.

Citation
[2017] IEIC 160573
Parties
Applicant: Ms L; Respondent: Cork City Council
Jurisdiction
Ireland
Judgment Date
27 June 2017
Procedural Posture
Freedom of Information Review / Decision on Review by Information Commissioner
Outcome
Partly annulled and partly affirmed
Legal Topics
FOI Request Scope, Record Existence, Reasonable Search, Section 10(1)(a) FOI Act, Section 10(1)(c) FOI Act
Administrative Law Freedom of Information FOI Request Scope Record Existence Reasonable Search Section 10(1)(a) FOI Act Section 10(1)(c) FOI Act

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Parties

Ms L

Applicant

Cork City Council

Respondent

Procedural Posture

Freedom of Information Review / Decision on Review by Information Commissioner

Legal Issues

  1. 1 Whether Cork City Council was justified in refusing access to additional records relating to the Mahon Local Area Plan and Variation No. 11 on the grounds that the records do not exist or cannot be found after all reasonable steps have been taken.

Ratio Decidendi

The Council was not justified in refusing the first part of the request under section 10(1)(a) due to lack of clarity and particulars in the scope; a fresh decision-making process is required. For the remainder, the Council conducted reasonable searches and was justified in refusing access under section 10(1)(a) as no further records exist or can be found.

Court Disposition

Partly annulled and partly affirmed

Orders

  • Council to undertake a fresh decision-making process on the first part of the request.
  • Council's refusal of the remainder of the request under section 10(1)(a) affirmed.