"X" and Kerry County Council [2012] IEIC 110081 (21 March 2012)

"X" and Kerry County Council [2012] IEIC 110081 (21 March 2012)

The Council failed to comply with the statutory deadlines and notification requirements under section 29 of the FOI Act, rendering its decision to release the records invalid.

Citation
[2012] IEIC 110081
Parties
Applicant: X; Respondent: Kerry County Council
Jurisdiction
Ireland
Judgment Date
21 March 2012
Procedural Posture
Review Application Under the Freedom of Information Acts 1997 & 2003 / Decision of Information Commissioner Following Review
Outcome
decision annulled
Legal Topics
Section 29 FOI Act Procedures, Public Interest Override, Statutory Deadlines, Third Party Consultation
Administrative Law Freedom of Information Section 29 FOI Act Procedures Public Interest Override Statutory Deadlines Third Party Consultation

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Parties

X

Applicant

Kerry County Council

Respondent

Procedural Posture

Review Application Under the Freedom of Information Acts 1997 & 2003 / Decision of Information Commissioner Following Review

Legal Issues

  1. 1 Whether Kerry County Council correctly applied section 29 procedures under the FOI Act in granting access to planning enforcement records

Ratio Decidendi

The Council failed to comply with the statutory deadlines and notification requirements under section 29 of the FOI Act, rendering its decision to release the records invalid.

Court Disposition

decision annulled

Orders

  • The decision of Kerry County Council is annulled in so far as it relates to the proposed release of records under section 29 of the FOI Act.
  • The Council must conduct a new first instance decision-making process applying section 29 requirements correctly.