Right to Know has won a case where we sought copies of records on a decision not to proceed with an investigation into Minister Paschal Donohoe.
In early 2023, it emerged that Mr Donohoe had failed to properly record his election expenses when postering was done on his behalf by the businessman Michael Stone.
The minister apologised at the time saying: “I always hold myself to the very highest of professional standards and I profoundly regret that this matter wasn’t dealt with correctly in 2016.
“In light of the information that’s now available to me, I’ve taken the steps to address the issue as comprehensively as I can.”
Mr Donohoe temporarily stepped aside from all functions relating to the Standards in Public Office Commission, which fell under the remit of his department.
SIPO received a complaint which they closed in May 2023 saying the matter was “not of sufficient gravity to warrant investigation”.
At that time, Right to Know sought copies of the documents that underpinned that decision.
SIPO refused to release all the records saying they were exempt under two separate sections of the Freedom of Information Act.
We sought internal review and subsequently appealed to the Information Commissioner, who made his decision in early September.
The decision said: “I do not accept the Commission’s argument that the release of the records at issue in this case might more generally discourage complainants from approaching it in the future.”
The senior investigator later added: “Moreover, in the particular
circumstances of this case, I am satisfied that neither the details of the complaint or the complainant’s identity, nor Minister Donohoe’s response to the complaint, were communicated by either party in circumstances which impose an obligation of confidence on the Commission, given the fact that all of this information was placed into the public domain.
“Indeed, in his correspondence with this Office, the complainant expressed his view that his identity should be made available.”
You can read the full decision below. We will post the documents when we get them.