Holland v The Information Commissionner

2003 WJSC-SC 6134

THE SUPREME COURT

321/02

HOLLAND v. INFORMATION COMMISSIONER

BETWEEN

HOLLAND

APPLICANT

AND

THE INFORMATION COMMISSIONER

DEFENDANT

Citations:

FREEDOM OF INFORMATION ACT 1997 S42(1)

RSC O.130

FREEDOM OF INFORMATION ACT 1997 S42(2)

FREEDOM OF INFORMATION ACT 1997 S42(3)

Synopsis:

FREEDOM OF INFORMATION

Interlocutory application

Administrative law -Garda Síochána - Practice and procedure - Application to cross-examine - Whether necessary to cross-examine on affidavit - Freedom of Information Act, 1997 - Rules of the Superior Courts, 1986 Order 130 (321/2002 - Supreme Court - 15/12/2003)

Holland v The Information Commissionner

1

JUDGMENT (ex-tempore) delivered the 15th day of December 2003, by Keane C.J.

2

This is an appeal from a judgment of the High Court, Mr. Justice Ó Caoimh, in which he refused an application made by the applicant, Mr. Holland, who is appearing in person, to cross-examination Mr. David Nutley on an affidavit filed by him in these proceedings on the 11 ^th October, 2002. The application arises out of the appeal brought by the applicant, Mr. Holland, from a decision of the Information Commissioner under the Freedom of Information Act in which he refused the applicant's request under the Act for information relating to an internal report of an inquiry into certain matters conducted it would seem on behalf of the Commissioner of the Garda Siochana.

3

The High Court and this court is not concerned with the applicant's appeal that is still to come on for hearing on the question of law in the High Court, but when the matter came before the learned High Court judge, there was before him a relatively lengthy affidavit from Mr. Nutley who is an investigator in the Commissioner's office and which he set out in some considerable detail clearly what the Commissioner's view and Mr. Nutley's view was of the functions in relation to this matter. It also set out in considerable detail the questions which the Information Commissioner, when he received the request, had addressed to the Department of Justice in relation to this matter. It would appear that the...