Trusted by the judiciary, government lawyers, prosecutors, and many leading counsel. Click here to request a subscription.
|
or click here to request site subscription to search and view all judgments |
Court of Appeal allows appeal from High Court, and remits for further determination the question of whether the Information Commissioner had erred in directing the release of correspondence between a government department and a private company that had been awarded a public contract, on the grounds that: (a) the commissioner had been incorrect in determining that such release should only be refused in 'exceptional circumstances'; and (b) it was not necessary to show that the release would 'totally undermine' the company's business if the release was refused on the grounds of commercial sensitivity.
Birmingham P (nem diss): Decision of Information Commissioner - appeal to High Court dismissed - application under Freedom of Information Act 2014 - records concerning appointment of company as 'Management Service Entity' of Metropolitan Area Networks - contracts between government department and appointed company - 'concession agreements' - refusal of records by Minister on grounds of confidentiality and commercial sensitivity - fear that release of records would affect company's ability to operate in a competitive manner - Freedom of Information Act 2014, s. 35(1)(b) and s. 36(1) - ruling by commissioner that minister release concession agreement to applicant - appeal on point of law - whether commissioner had substituted own test and criteria for that in statute - whether commissioner erred in placing onus of proof on Minister - whether commissioner had erred in misapplying public interest tests - nature of an appeal on a point of law - whether High Court wrongly applied judicial review principles - presumption under statute - presumption that refusal of FOI request was not justified - relevance or non-relevance of presumption.
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.
The only fast reporting service for all Irish judgments over the past ten years. Click here to request a subscription.
Register Now