Courts / Ireland / Report

Minister's challenge to FOI request over fibre optic network is dismissed

Summary

The High Court has dismissed an appeal by the Minister for Communications, Energy and Natural Resources regarding a Freedom of Information Act determination. Mr Justice Seamus Noonan ruled that the Information Commissioner was correct to find that the public interest favoured releasing commercial information about the State's Metropolitan Area Networks (MANs). Journalist Mr Gavin Sheridan, the applicant, had sought access to a concession agreement entered into between the Minister and E-NASC Eireann Teoranta (ENET) to manage and operate the fibre optic infrastructure. While the Minister initially viewed disclosure as in the public interest, they ultimately refused access citing a duty of confidence and commercial sensitivity raised by ENET. The Commissioner upheld Sheridan's appeal, finding that the Minister failed to demonstrate the exceptional circumstances required to justify refusal. The Minister appealed to the High Court, arguing the Commissioner applied an incorrect legal standard and failed to properly balance the public interest. The judge rejected these submissions, stating that the Minister's case merely contended that they had balanced the interests correctly, which is not a matter for appeal on a point of law. The court found the Commissioner's decision was not irrational or outside their discretion, noting that arguments regarding deterrence of future bidders were properly discounted. The appeal was dismissed, upholding the Commissioner's determination that the information should be released.

Who, what, where, when and why

What: Report matter: Minister's challenge to FOI request over fibre optic network is dismissed. Procedural stage: hearing_or_decision

When:

• 2017-04-06 Publication

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Stage Hearing Or Decision

Read the original CNI report