Mr X and Irish Prison Service

• Jurisdiction: Ireland
• Judge: 8 September 2021
• Judgment Date: 08 September 2021
• Case Outcome: The Senior Investigator affirmed the decision of IPS.
• Court: Information Commission
• Respondent: Irish Prison Service
• Record Number: OIC-108642-N8Q6N9

Whether IPS was justified in refusing access to a note concerning the applicant’s suspension from employment by a named body under section 42(j) of the FOI Act

8 September 2021

Background

In a request dated 23 March 2021, the applicant sought access to all records held by the Irish Prison Service (the IPS) concerning him, including records relating to his suspension from employment by a named body for a specified period. He referred in particular to an email that was sent on a given time and date to two named officials in the IPS.

The IPS issued its decision on the request on 19 May 2021. It located the email referenced in the applicant’s original request and granted partial access to the email. The body of the email and the file names of the attachments to the email were redacted, apart from one line in the email and one file name of an attachment. While it said it had not released the named attachment pursuant to section 42(f) of the FOI Act, it quoted section 42(j) in its decision letter. It also said the remaining redacted material was outside the scope of the applicant’s request.

The applicant sought an internal review of that decision on 22 May 2021. On 3 June 2021, the IPS affirmed the original decision. It acknowledged that the reference to section 42(f) was a typing error and confirmed that the record was being withheld under section 42(j) of the FOI Act. On 8 June 2021, the applicant sought a review by this Office of the decision of the IPS.

I have now completed my review in accordance with section 22(2) of the FOI Act. In carrying out my review, I have had regard to the submissions made by the applicant and the IPS and I have also examined the records at issue. I have decided to conclude this review by way of a formal, binding decision.

Scope of the Review

The scope of this review is concerned solely with whether IPS was justified in refusing to release the email attachment, under section 42(j) of the FOI Act. The remaining redacted information does not relate to the applicant or to his request and, as such, I am satisfied that this can be excluded from the scope of the review.

Analysis and Findings

Section 42(j) provides that the FOI Act does not apply to a record:

• given by an FOI body to a member of the Government or a Minister of State
• for use by him or her for the purposes of any proceedings in either House of the Oireachtas or any committee of...