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CPUAnalysis 98040: Mr. Mark Henry and the Department of the Taoiseach.
CPUAnalysis 98040: Mr. Mark Henry and the Department of the Taoiseach.
98040
Section 11 [deferral of access to records] Section 19 [records of the Government] Section 20(1) Section 22(1)(c)(ii)(I) [records on advice considered by Houses of the Oireachtas staff for the purposes of House proceedings at a sitting] Section 24(1)
19,19,19,19,19,20,22,24
1. Although the Commissioner found that the agenda for a Cabinet meeting is exempt under section 19(1)(c), he also found that records prepared by the Cabinet Secretariat may not necessarily be records of the Government for the purposes of section 19.
2. Records concerned solely with the making of administrative arrangements may not form part of the deliberative processes of the public body. Section 11 can be used to defer access to such information if such access would be contrary to the public interest.
3. In order to invoke section 24(1)(c), a deciding officer must be able to argue that there must be real and substantial grounds at the time the decision is made that access to a record "could reasonably be expected to affect adversely ... the international relations of the State". The possibility of some adverse effect on international relations is not sufficient.
The requester sought access to email records of the Taoiseach, his Private Secretary and Programme Manager within specified dates. The Department provided access to a large number of records but withheld five following internal review. The Commissioner upheld the Department’s decision with regard to one of the records and decided to release the other four.