The Court of Appeal has dismissed Michael Grange’s appeal against a decision upholding the refusal of his request for records about grants paid to Irish election observers. It found no error of law in the Information Commissioner’s conclusion that the request was vexatious under the Freedom of Information Act 2014.
Grange’s May 2016 request sought records about the establishment and rules of a grant scheme for short and long-term Irish election observers, refusals of payment, grants paid to “Core Team Mission” consultants and any steps taken to recover grants. The judgment records that the grant was €600, payable once in any 12-month period.
The Department of Foreign Affairs refused the request under section 15(1)(g), citing the history of its dealings with Grange, his earlier FOI requests and other communications about the election observer roster and grant. The Information Commissioner affirmed that refusal on 4 November 2016. The High Court rejected Grange’s appeal in March 2018, and he appealed to the Court of Appeal on two main grounds: that he was denied fair procedures because he did not receive the Department’s full submission, and that the request had been wrongly classified as vexatious.
The Court of Appeal held that the Commissioner’s review process is inquisitorial and that the law does not require the full submission to be sent to the requester in every case. A summary of the Department’s material points, with an opportunity to respond, will generally be fair. The court said the Commissioner’s summary had put Grange on notice of the relevant issues and that he had an opportunity to make further submissions. It found no breach of fair procedures.
On vexatiousness, the court held that decision-makers may consider the context of a request, including a requester’s history of dealings with the public body and the purpose that may be inferred from a pattern of conduct. It concluded there was evidence supporting the Commissioner’s inference that the request was part of a strategy to pursue Grange’s dispute with the Department, and that the inference was one a reasonable decision-maker could draw. The court stressed that vexatiousness has no exhaustive definition and requires an objective, balanced assessment of the circumstances.
The appeal was dismissed, affirming the High Court decision and the Commissioner’s refusal outcome. The court proposed that the respondent and the notice party receive their appeal costs from Grange, subject to a 14-day period in which a party could seek a different order and a costs hearing.