Ms. X and Quality and Qualifications Ireland (FOI Act 2014) [2015] IEIC 150343 (19 November 2015)

Ms. X and Quality and Qualifications Ireland (FOI Act 2014) [2015] IEIC 150343 (19 November 2015)

QQI failed to comply with the statutory time limits and procedural requirements of section 38(2) of the FOI Act, invalidating its decision to grant access to the records and requiring a new decision-making process.

Source-derived case information.

Citation
[2015] IEIC 150343
Parties
Applicant: Ms. X; Respondent: Quality and Qualifications Ireland
Jurisdiction
Ireland
Judgment Date
19 November 2015
Procedural Posture
FOI Review / Review of Public Body Decision Under Section 22(2) FOI Act
Outcome
decision annulled
Legal Topics
FOI Act 2014 Section 38 Procedure, Third Party Consultation, Statutory Time Limits
Administrative Law Freedom of Information FOI Act 2014 Section 38 Procedure Third Party Consultation Statutory Time Limits

Source-derived case record

Summary, issues, holding and outcome

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Parties

Ms. X

Applicant

Quality and Qualifications Ireland

Respondent

Procedural Posture

FOI Review / Review of Public Body Decision Under Section 22(2) FOI Act

Legal Issues

  1. 1 Whether QQI complied with section 38(2) of the FOI Act regarding notification of third parties
  2. 2 Whether the decision to grant access to records was justified given procedural flaws

Ratio Decidendi

QQI failed to comply with the statutory time limits and procedural requirements of section 38(2) of the FOI Act, invalidating its decision to grant access to the records and requiring a new decision-making process.

Court Disposition

decision annulled

Orders

  • QQI must conduct a new decision-making process in compliance with the FOI Act