The High Court has refused the Health Service Executive’s appeal against an Information Commissioner decision granting RTÉ access to records showing whether designated HSE employees filed statements of interest under the Ethics in Public Office Act.
In a decision delivered on 19 July 2024, Ms Justice Bolger held that the Commissioner’s decision stands. The records concern filings from 2015 to 2021. RTÉ had clarified that it was not seeking the statements themselves or details of interests declared.
The Commissioner had directed the HSE to release spreadsheets containing employee names, grades, employment areas, dates returns were received, work addresses and manager details. Personnel numbers and mobile phone numbers were to be redacted. The court’s ruling leaves that decision in place; it does not order disclosure of the interests recorded in the statements.
The HSE argued that disclosure was barred by confidentiality provisions in the Ethics Act and Freedom of Information Act, and that the information was personal information. It also said the Commissioner had not properly addressed its submissions about confidentiality owed to third parties, including spouses or children whose interests might appear in statements.
The judge found that the Ethics Act’s confidentiality restriction did not prevent disclosure where an FOI decision-maker released information while performing statutory functions. She also held that information about whether an employee complied with the filing requirement relates to the terms of employment and falls outside the relevant FOI definition of personal information. The court distinguished that information from the contents of a statement, which were not part of RTÉ’s request.
On third-party confidentiality, the judge said the HSE had not shown a factual basis for its claim that disclosure of filing compliance could expose relatives to an inquiry into their finances. She also found that the more specific “train of inquiry” argument had not been made to the Commissioner. The HSE’s criticism that the Commissioner failed to engage with its submissions therefore had no merit.
The judge gave an indicative view that the Information Commissioner, having successfully defended the appeal, was entitled to costs from the HSE. She directed that the matter be mentioned on 26 July 2024 for submissions on final orders, including costs. The judgment records an indicative costs view and a scheduled mention; it does not state the final costs order.