The Minister for Communications, Energy and Natural Resources v The Information Commissioner & ors (Unapproved) (Rev 1) [2020] IESC 57 (25 September 2020)

The Minister for Communications, Energy and Natural Resources v The Information Commissioner & ors (Unapproved) (Rev 1) [2020] IESC 57 (25 September 2020)

The Supreme Court held that the statutory presumption in s. 22(12)(b) applies to all refusals of FOI requests, including those for records claimed as exempt under ss. 35 and 36, except for records excluded under Part 5. The FOI body must justify refusal, and the public interest override in s. 36(3) must be properly considered. The Court rejected the view that the presumption does not apply to exempt records and clarified the correct approach to the public interest test and confidentiality exemptions.

Citation
[2020] IESC 57
Parties
Appellant/respondent: The Minister for Communications, Energy and Natural Resources; Respondent/appellant: The Information Commissioner; Notice Party: Gavin Sheridan; Notice Party: E-Nasc Éireann Teoranta (t/a “enet”)
Jurisdiction
Ireland
Judgment Date
25 September 2020
Procedural Posture
Statutory Appeal / Supreme Court Judgment on Appeal and Cross Appeal
Outcome
Appeal allowed; cross-appeal dismissed
Legal Topics
Statutory Interpretation, Public Interest Override, Confidentiality Exemptions, Commercial Sensitivity, Burden of Proof in FOI Refusals
Administrative Law Freedom of Information Statutory Interpretation Public Interest Override Confidentiality Exemptions Commercial Sensitivity Burden of Proof in FOI Refusals

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Parties

The Minister for Communications, Energy and Natural Resources

Appellant/respondent

The Information Commissioner

Respondent/appellant

Gavin Sheridan

Notice Party

E-Nasc Éireann Teoranta (t/a “enet”)

Notice Party

Procedural Posture

Statutory Appeal / Supreme Court Judgment on Appeal and Cross Appeal

Legal Issues

  1. 1 Does the statutory presumption in s. 22(12)(b) of the Freedom of Information Act 2014 apply to refusals of access to records deemed exempt under ss. 35 and 36?
  2. 2 What is the correct approach to the public interest override in s. 36(3) for commercially sensitive information?
  3. 3 Does s. 35(2) exclude certain confidential records from exemption?

Ratio Decidendi

The Supreme Court held that the statutory presumption in s. 22(12)(b) applies to all refusals of FOI requests, including those for records claimed as exempt under ss. 35 and 36, except for records excluded under Part 5. The FOI body must justify refusal, and the public interest override in s. 36(3) must be properly considered. The Court rejected the view that the presumption does not apply to exempt records and clarified the correct approach to the public interest test and confidentiality exemptions.

Court Disposition

Appeal allowed; cross-appeal dismissed

Orders

  • The decision of the Court of Appeal is set aside.
  • The decision of the Information Commissioner is restored, subject to the redactions accepted by the requester.