Information Commissioner agrees to revoke decision releasing IDA Ireland survey

The court proceedings arose from a Freedom of Information request from journalist Ken Foxe seeking a 100-page client survey

The Four Courts. The Information Commissioner has agreed to revoke its decision to release survey results from multinational companies to a journalist, the High Court has heard. Photograph: Bryan O'Brien/The Irish Times
The Four Courts. The Information Commissioner has agreed to revoke its decision to release survey results from multinational companies to a journalist, the High Court has heard. Photograph: Bryan O'Brien/The Irish Times

The Information Commissioner has agreed to revoke its decision to release survey results from multinational companies to a journalist, the High Court has heard.

The matter will be remitted for fresh consideration by a different agent in the commissioner’s office as part of a settlement in IDA Ireland’s appeal against the decision.

The court proceedings arose from a Freedom of Information request from journalist Ken Foxe seeking a 100-page client survey that the IDA (Industrial Development Agency) carried out in 2019.

The agency has dealings with some 1,600 international business groups with Irish operations, among major global corporations such as Amazon, Apple, Facebook and Google.

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The IDA twice refused access to most of the survey report, reasoning that the material was subject to internal deliberations and was commercially sensitive.

Mr Foxe successfully appealed against those rulings to the Office of the Information Commissioner, who ruled the report should be released in full.

The commissioner found the document mentions some groupings of companies, for instance by sector, but does not identify individual undertakings. He said no statistical information appears to be tied to any identifiable individual entities.

On Tuesday, barrister Francis Kieran, for the commissioner, said the parties in the case were consenting to an order quashing this decision. Mr Foxe’s appeal will be considered afresh.

Through its counsel, Aoife Carroll, the IDA indicated its agreement with the orders.

Mr Justice Charles Meenan made the orders sought and struck out the action.

Ellen O'Riordan

Ellen O'Riordan

Ellen O'Riordan is High Court Reporter with The Irish Times