X College and Quality and Qualifications Ireland (FOI 2014)

Where section 38 applies, the FOI body is required to notify an affected third party before making a final decision on whether or not the exemption(s), otherwise found to apply, should be overridden in the public interest. The requester, or an affected third party, on receiving notice of the final decision of the FOI body, may apply directly for a review of that decision to this Office.

The case has a complicated background which is quite difficult to set out clearly owing to the various errors and uncertainty around the handling of the request. This application for review arose as a result of the Commissioner's decision on Case No. 150343 (available at www.oic.ie), which found that the section 38 requirements had not been applied correctly. The Commissioner annulled the decision of QQI and directed it to undertake a fresh decision making process in accordance with the requirements of section 38.

The applicant wrote to the Commissioner on 11 February 2016 seeking a review of the decision of QQI, in accordance with the provisions of section 38 of the FOI Act.

In conducting this review, I have had regard to the submissions of the applicant, to the submissions of QQI, to the content of the records, and to the provisions of the FOI Acts. The original requester was invited to but did not make a submission. I have decided to conclude the review by making a formal, binding decision.

The scope of this review is to determine whether QQI's decision to release, in the public interest, information to which sections 36 and 37 of the Act applied, was justified. I must consider whether the report is exempt from release on the basis that section 36 and/or 37 applies, and, if so, whether the public interest would be better served by release of that information.