Ms X and Offaly County Council [2020] IEIC 96617 (21 December 2020)

Ms X and Offaly County Council [2020] IEIC 96617 (21 December 2020)

Council failed to demonstrate how release of records would prejudice or impair fairness of proceedings; blanket refusal based on discovery process is not valid under FOI Act; section 32(1)(a)(iv) does not apply to the seven records provided.

Citation
[2020] IEIC 96617
Parties
Applicant: Ms X; Respondent: Offaly County Council
Jurisdiction
Ireland
Judgment Date
21 December 2020
Procedural Posture
FOI Review / Final Determination by Information Commissioner
Outcome
Council's refusal annulled; seven records to be released; request remitted for fresh decision-making.
Legal Topics
FOI Act Section 32(1)(a)(iv), Disclosure of Records, Fairness of Proceedings
Freedom of Information Administrative Law FOI Act Section 32(1)(a)(iv) Disclosure of Records Fairness of Proceedings

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Parties

Ms X

Applicant

Offaly County Council

Respondent

Procedural Posture

FOI Review / Final Determination by Information Commissioner

Legal Issues

  1. 1 Whether refusal of access to records under section 32(1)(a)(iv) of the FOI Act was justified

Ratio Decidendi

Council failed to demonstrate how release of records would prejudice or impair fairness of proceedings; blanket refusal based on discovery process is not valid under FOI Act; section 32(1)(a)(iv) does not apply to the seven records provided.

Court Disposition

Council's refusal annulled; seven records to be released; request remitted for fresh decision-making.

Orders

  • Release seven records provided to Information Commissioner.
  • Council to undertake fresh decision-making process on remaining records.