Kelly -v- The Information Commissioner and anor [2017] IESC 64 (01 June 2017)

Kelly -v- The Information Commissioner and anor [2017] IESC 64 (01 June 2017)

A decision by the Information Commissioner to discontinue a review on the grounds that the application is frivolous or vexatious under section 34(9) of the Freedom of Information Act 1997 is not a substantive decision following a review within the meaning of section 42(1) and is therefore not appealable to the High Court. The same applies under the 2014 Act. The statutory scheme distinguishes between substantive review decisions and preliminary or summary decisions to refuse or discontinue, and only the former are appealable.

Citation
[2017] IESC 64
Parties
Appellant: Patrick Kelly; Respondent: The Information Commissioner; Notice Party: University College Dublin, National University of Ireland
Jurisdiction
Ireland
Judgment Date
01 June 2017
Procedural Posture
Statutory Appeal / Supreme Court Judgment on Appeal From Court of Appeal
Outcome
appeal dismissed
Legal Topics
Freedom of Information, Statutory Interpretation, Appeals on Point of Law, Frivolous or Vexatious Applications
Administrative Law Information Law Freedom of Information Statutory Interpretation Appeals on Point of Law Frivolous or Vexatious Applications

Case Brief

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Parties

Patrick Kelly

Appellant

The Information Commissioner

Respondent

University College Dublin, National University of Ireland

Notice Party

Procedural Posture

Statutory Appeal / Supreme Court Judgment on Appeal From Court of Appeal

Legal Issues

  1. 1 Whether a decision by the Information Commissioner to discontinue a review as frivolous or vexatious under section 34(9) of the Freedom of Information Act 1997 is appealable to the High Court under section 42 of the Act
  2. 2 Whether a similar issue arises under the Freedom of Information Act 2014

Ratio Decidendi

A decision by the Information Commissioner to discontinue a review on the grounds that the application is frivolous or vexatious under section 34(9) of the Freedom of Information Act 1997 is not a substantive decision following a review within the meaning of section 42(1) and is therefore not appealable to the High Court. The same applies under the 2014 Act. The statutory scheme distinguishes between substantive review decisions and preliminary or summary decisions to refuse or discontinue, and only the former are appealable.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed
  • Costs follow the event