Ms Emily O'Reilly:

The public interest is a moveable feast and it can be in the eye of the beholder. If there is a public interest override to a particular exemption, for example, one might find that certain records contain confidential information but nonetheless the exemption includes a public interest override so it is necessary to strike a balance between the various public interests in play. The body has an obligation to carry this out at the first stage and my office has an obligation to carry it out when it is being reviewed.

I refer to a particular case in the recent past in the Supreme Court. It might be a little strong to say that the case redefined the public interest. My office never invented a particular public interest but the wording used in the judgment was that it had to be a recognised public interest. In other words, it had to be an established public interest. I refer to a particular case where a gentleman was attempting to find some birth information relating to his late mother as he had been put up for adoption. In that case the court found that there was not an established public interest.