Trusted by the judiciary, government lawyers, prosecutors, and many leading counsel. Click here to request a subscription.
Trusted by the judiciary, government lawyers, prosecutors, and many leading counsel.
Click here to request a subscription.
Minister’s reasoning for refusing release records and transcripts relating to telephone surveillance was clear and transparent
|
or click here to request site subscription to search and view all judgments |
High Court dismisses appeal of decision of Minister for Justice’s refusal to release records and transcripts relating to the telephone surveillance carried out on the appellant which were made available to the Smithwick tribunal, finding that the documents sought are exempt records and the reasons for not releasing them are clear, transparent and follow a consideration that the records were of sufficient sensitivity or seriousness to justify non disclosure.
Freedom of information – appellant seeks an order setting aside the ministerial certificate refusing access to records – appeal pursuant to s. 42(2) of the Freedom of Information Act 1997, 2003 – Freedom of Information (Amendment) Act 2003 – applicant convicted by Special Criminal Court for an offence contrary to s. 6 of the Offences Against the State (Amendment) Act 1998 – Smithwick Tribunal – records and transcripts relating to the telephone surveillance carried out on the appellant were made available to the Tribunal – telephone interceptions – Interception of Postal Packets and Telecommunications Messages (Regulation) Act 1993 – decision taken by the respondent is overly vague and uncertain in its meaning – whether Minister is now required to give specific reasons for the exemption – Minister is not statutorily obliged to provide any further information – waiver/estoppel – application refused.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
