Ireland - latest decisions

Two recent decisions from the Information Commissioner in Ireland that may be of interest, some relevant comparability with the UK in relation to the application of the public interest test and exemptions relating to legal professional privilege, third party information, parliamentary privilege:

- Case 040025 - Mr. John McCarthy and the Department of Agriculture and Food
"Request for access to records - whether a briefing note given to a Minister falls outside of the scope of the FOI Act - section 46(1)(db) - whether an exemption on the grounds of legal professional privilege is applicable - section 22(1)(a)"

Decision
"Having carried out a review under section 34(2) of the Freedom of Information Act, 1997 as amended, I hereby vary the decision of the Department of Agriculture and Food. Apart from the first paragraph of record number 6 (Vol. IV) which the Department has agreed to release in any event, I direct that it also release to you the extracts identified above in record numbers 1, 2, 5, 8 and 9 (from Vol. IV), 2, 3 and 6 (from Vol. V) and 1 (from Vol. VI)."

- Case 050166 - Mr. Eamonn Murphy and the Industrial Development Authority (IDA)
Request for access to records - whether the public interest favours release of records that disclose positions taken for the purpose of negotiations - section 21(2) - whether an exception to the legal professional privilege rule may apply - section 22(1)(a) - whether release of relevant records would constitute contempt of court - section 22(1)(b) - whether access could reasonably be expected to prejudice or impair the fairness of civil proceedings in a court or other tribunal - section 23(1)(a)(iv) - whether the public interest favours release of a record that would disclose personal information about a third party - section 28(5)(a).

Decision
"Having carried out a review under section 34(2) of the Freedom of Information Acts, 1997 and 2003 I hereby vary the decision taken by the IDA, and direct that the records listed above be released."