Ms Q and the HSE West (the HSE) [2015] IEIC 150029 (23 July 2015)

Ms Q and the HSE West (the HSE) [2015] IEIC 150029 (23 July 2015)

The HSE failed to comply with the mandatory time-frame for notifying the applicant of the deposit for search and retrieval fees, and therefore was not justified in charging the fee under section 47 of the FOI Act.

Citation
[2015] IEIC 150029
Parties
Applicant: Ms Q; Respondent: HSE West (the HSE)
Jurisdiction
Ireland
Judgment Date
23 July 2015
Procedural Posture
FOI Review / Decision on Review
Outcome
HSE's decision to charge a fee annulled
Legal Topics
FOI Fees, Search and Retrieval Charges, Statutory Time Frames
Administrative Law Freedom of Information FOI Fees Search and Retrieval Charges Statutory Time Frames

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Parties

Ms Q

Applicant

HSE West (the HSE)

Respondent

Procedural Posture

FOI Review / Decision on Review

Legal Issues

  1. 1 Whether the HSE was justified in charging a fee for search and retrieval of records under section 47 of the FOI Act

Ratio Decidendi

The HSE failed to comply with the mandatory time-frame for notifying the applicant of the deposit for search and retrieval fees, and therefore was not justified in charging the fee under section 47 of the FOI Act.

Court Disposition

HSE's decision to charge a fee annulled

Orders

  • HSE to process the applicant's request in accordance with the FOI Acts 1997-2003 without charging the search and retrieval fee