FoI Limits & Exemptions
FREEDOM OF INFORMATION ACT 2014
REVISED
Updated to 1 January 2023
An Act to enable members of the public to obtain access, to the greatest extent possible consistent with the public interest and the right to privacy, to information in the possession of public bodies, other bodies in receipt of funding from the State and certain other bodies and to enable persons to have personal information relating to them in the possession of such bodies corrected and, accordingly, to provide for a right of access to records held by such bodies, for necessary exceptions to that right and for assistance to persons to enable them to exercise it, to provide for the independent review both of decisions of such bodies relating to that right and of the operation of this Act generally (including the proceedings of such bodies pursuant to this Act) and, for those purposes, to provide for the continuance of the office of Information Commissioner and to define its functions, to provide for the publication by such bodies of certain information about them relevant to the purposes of this Act, to repeal the Freedom of Information Act 1997 and the Freedom of Information (Amendment) Act 2003, to amend the Central Bank Act 1942, to amend the Official Secrets Act 1963, to repeal certain other enactments, and to provide for related matters. [14th October, 2014]
Be it enacted by the Oireachtas as follows:
Annotations
Modifications (not altering text):
C1
Prospective affecting provision: application of Act restricted by European Union (Electronic Communications Code) Regulations 2022 (S.I. No. 444 of 2022), reg. 98(14), to come into effect effect as per reg. 1(2).
Information request to undertakings
98. …
(14) Where the Regulator or another competent authority receives information classified as confidential from the European Commission or from a national regulatory authority or competent authority of another Member State under Article 20 of the Directive and the Regulator or the other competent authority is satisfied that such information is so classified in accordance with rules of commercial confidentiality of the European Union or of the Member State from which the information originated, as the case may be, they shall protect the confidentiality of such information. The Freedom of Information Act 2014 shall not apply to such information.
…
C2
Application of Act restricted (16.12.2019) by Judicial Council Act 2019 (33/2019), s. 94, S.I. No. 640 of 2019.
Restriction of Freedom of Information Act 2014
94. (1) Without prejudice to the exemption for records held by the courts, the Freedom of Information Act 2014 shall not apply to a record relating to the making or investigation, or the resolution by informal means, of a complaint under Part 5 or an investigation pursuant to a referral under section 59 unless—
(a) the record was created before the making of the complaint or the initiation of the investigation under section 59, as the case may be, or
(b) the record relates to the expenses of the Judicial Conduct Committee or a member thereof or a panel of inquiry or a member thereof or other matters concerning the general administration of that Committee or a panel of inquiry.
…
PART 1
Preliminary and General
Section 1
Citation and commencement
1. (1) This Act may be cited as the Freedom of Information Act 2014.
(2) Subject to subsections (3) and (4), this Act shall come into operation on enactment.
(3) This Act shall come into operation—
(a) in respect of any body or other person that, immediately prior to enactment, was a public body within the meaning of the Act of 1997, on enactment,
(b) in respect of any body or other person that, immediately prior to enactment, was not a public body within the meaning of the Act of 1997, but is a public body within the meaning of this Act, 6 months from enactment or on such later day, not later than 12 months from enactment, as the Minister may by order appoint.
(4) Section 8 shall come into operation 12 months from enactment or on such earlier day or days as the Minister may appoint by order or orders either generally or with reference to any particular purpose or provision of that section and different days may be so appointed for different purposes or different provisions.
(5) In this section “enactment” means the date of enactment of this Act.
Annotations
Editorial Notes:
E1
Power pursuant to s. 3 exercised in respect of subs.(3)(b) (14.10.2015) by Freedom of Information Act 2014 (Commencement Date for Certain Bodies) Order 2015 (S.I. No. 103 of 2015)
Later date for bodies in Schedule
2. The 14th day of October 2015 is appointed as the later date, as referred to in section 1(3)(b) of the Freedom of Information Act 2014 (No. 30 of 2014), on which that Act (other than section 8) shall come into operation in relation to each body specified in the Schedule.
Schedule
1. An Garda Síochána.
2. Gaslink Independent System Operator Limited.
3. EirGrid plc.
4. ESB Networks Limited.
5. Iarnród Éireann.
Section 2
Interpretation
2. (1) In this Act—
“Act of 1997” means the Freedom of Information Act 1997;
“commencement of this Act” means the time at which this Act comes into operation in relation to the FOI body concerned;
“Commissioner” means the office of Information Commissioner continued in being by section 43 or the holder of that office, as the case may be;
“determined” means determined by the Minister and, in relation to a form, means determined having had appropriate regard to the needs of requesters;
“director” means a director (within the meaning of the Companies Acts) but includes in the case of—
(a) a local authority,
(b) the Health Service Executive,
(c) a public body that is not a company (within the meaning of the Companies Acts), or
(d) a prescribed body,
a person who is a member of any board or other body that controls, manages or administers an entity mentioned in paragraphs (a) to (d);
“effective date” means:
(a) in the case of an entity that immediately prior to enactment of this Act was a public body within the meaning of the Act of 1997 (other than the Health Service Executive or a local authority), 21 April 1998;
(b) in the case of the Health Service Executive or a local authority, 21 October 1998;
(c) in the case of an entity that immediately prior to enactment of this Act, was not a public body within the meaning of the Act of 1997, but is a public body within the meaning of this Act, 21 April 2008, unless provision is made to the contrary by order under section 6;
(d) in the case of a prescribed body, the date that the order prescribing the body under section 7(1) is made, other than where a later date is specified in that order;
“electronic device” includes any device which uses any electrical, digital, magnetic, optical, electromagnetic, biometric or photonic means, or other forms of related technology, or any combination thereof, to store or transmit data, or both store and transmit data;
“enactment” means a statute or an instrument made under a power conferred by a statute;
“entity” means a person, body of persons, organisation or group;
“exempt record” means—
(a) a record in relation to which the grant of an FOI request would be refused pursuant to Part 4 or by virtue of Part 5, or
(b) a record that is created for or held by an office holder and relates to the functions or activities of—
(i) the office holder as a member of the Oireachtas or a political party, or
(ii) a political party;
“factual information” includes information of a statistical, financial, econometric or empirical nature, together with any analysis thereof;
“FOI body” means a public body or a prescribed body;
“FOI request” means a request for access to a record pursuant to section 12;
“give” includes send, whether by post, electronic or other means;
F1[“HBFI group entity” has the same meaning as it has in the Home Building Finance Ireland Act 2018;]
“head” means head of an FOI body;
“head of an FOI body” means—
(a) in relation to a Department of State, the Minister of the Government having charge of it,
(b) in relation to the Office of the Attorney General, the Attorney General,
(c) in relation to the Office of the Director of Public Prosecutions, the Director of Public Prosecutions,
(d) in relation to the Office of the Comptroller and Auditor General, the Comptroller and Auditor General,
(e) in relation to the Office of the Ombudsman, the Ombudsman,
(f) in relation to the Office of the Information Commissioner, the Commissioner,
(g) in relation to the Financial Services Ombudsman’s Bureau, the Financial Services Ombudsman,
(h) in relation to the Office of the Local Appointments Commissioners, the Local Appointments Commissioners,
(i) in relation to the Houses of the Oireachtas Service, the Chairman of Dáil Éireann,
(j) in relation to the Houses of the Oireachtas Commission, its chairperson,
(k) in relation to the Office of the Ombudsman for Children, the Ombudsman for Children,
(l) in relation to the Office of the Pensions Ombudsman, the Pensions Ombudsman,
(m) in relation to the Office of the Legal Services Ombudsman, the Legal Services Ombudsman,
(n) in relation to the Garda Síochána, the Garda Commissioner,
(o) in relation to the Garda Síochána Ombudsman Commission, its chairperson, and
(p) in relation to any other FOI body, the person who holds, or performs the functions of, the office of chief executive officer (by whatever name called) of the body;
“local authority” means a local authority for the purposes of the Local Government Act 2001;
“Minister” means the Minister for Public Expenditure and Reform;
“network and information security” means the ability of a network and information system to resist accidental or malicious action that compromises the availability, authenticity, integrity and confidentiality of stored or transmitted data or the related services offered by or accessible via that network and information system;
“office”, in relation to a person, means the offices in which the administration and business relating to the functions of the person are carried on;
“office holder” means—
(a) a person who is a Minister of the Government or a Minister of State, or
(b) a member of either House of the Oireachtas who holds the office of Attorney General;
“personal information” means information about an identifiable individual that, either—
(a) would, in the ordinary course of events, be known only to the individual or members of the family, or friends, of the individual, or
(b) is held by an FOI body on the understanding that it would be treated by that body as confidential,
and, without prejudice to the generality of the foregoing, includes—
(i) information relating to the educational, medical, psychiatric or psychological history of the individual,
(ii) information relating to the financial affairs of the individual,
(iii) information relating to the employment or employment history of the individual,
(iv) information relating to the individual’s membership or former membership of a trade union,
(v) information relating to the individual in a record falling within section 11(6)(a),
(vi) information relating to any criminal history of, or the commission or alleged commission of any offence by, the individual,
(vii) information relating to any proceedings for an offence committed, or alleged to have been committed, by the individual, the disposal of such proceedings or the sentence imposed by any court in such proceedings,
(viii) information relating to the religion, age, racial or ethnic origin, sexual orientation or civil status (within the meaning of section 2(1) of the Civil Registration Act 2004) of, any disability of, or the political opinions or the religious or philosophical beliefs of, the individual,
(ix) a number, letter, symbol, word, mark or other thing assigned to the individual by an FOI body for the purpose of identification or any mark or other thing used for that purpose,
(x) information relating to the entitlements of the individual under the Social Welfare Acts as a beneficiary (within the meaning of the Social Welfare Acts) or required for the purpose of establishing whether the individual, being a claimant (within the meaning of those Acts), is such a beneficiary,
(xi) information required for the purpose of assessing the liability of the individual in respect of a tax or duty or other payment owed or payable to the State or to a local authority, the Health Service Executive or other FOI body, or for the purpose of collecting an amount due from the individual in respect of such a tax or duty or other payment,
(xii) the name of the individual where it appears with other personal information relating to the individual or where the disclosure of the name would, or would be likely to, establish that any personal information held by the FOI body concerned relates to the individual,
(xiii) information relating to property of the individual (including the nature of the individual’s title to any property), and
(xiv) the views or opinions of another person about the individual,
but does not include—
(I) in a case where the individual holds or held—
(A) office as a director of,
(B) a position as a member of the staff of, or
(C) any other office, or any other position, remunerated from public funds in,
an FOI body, the name of the individual or information relating to the office or position or its functions or the terms upon and subject to which the individual holds or held that office or occupies or occupied that position or anything written or recorded in any form by the individual in the course of and for the purpose of the performance of the functions aforesaid,
(II) in a case where the individual is or was a service provider, the name of the individual or information relating to the service or the terms of the contract or anything written or recorded in any form by the individual in the course of and for the purposes of the provision of the service, or
(III) the views or opinions of the individual in relation to an FOI body, the staff of an FOI body or the business or the performance of the functions of an FOI body;
“political party” means a political party registered in the Register of Political Parties;
“prescribed” means prescribed by the Minister by regulations under this Act;
“prescribed body” means a body or entity declared to be such by the Minister by order pursuant to section 7;
“public body” means a body or entity referred to in section 6(1);
“record” includes—
(a) a book or other written or printed material in any form (including in any electronic device or in machine readable form),
(b) a map, plan or drawing,
(c) a disc, tape or other mechanical or electronic device in which data other than visual images are embodied so as to be capable, with or without the aid of some other mechanical or electronic equipment, of being reproduced from the disc, tape or other device,
(d) a film, disc, tape or other mechanical or electronic device in which visual images are embodied so as to be capable, with or without the aid of some other mechanical or electronic equipment, of being reproduced from the film, disc, tape or other device, and
(e) a copy or part of any thing which falls within paragraph (a), (b), (c) or (d),
and a copy, in any form, of a record shall be deemed, for the purposes of this Act, to have been created at the same time as the record;
“request to which section 38 applies” means an FOI request to which section 35(3), 36(3) or 37(5)(a) applies and which, apart from section 38, would fall to be granted;
“requester” means a person who makes an FOI request;
“right of access” shall be construed in accordance with section 11;
“service provider” means a person who, at the time the request was made, was not an FOI body but was providing a service for an FOI body under a contract for services and contract for services in this definition includes an administrative arrangement between an FOI body and another person;
“week” means a period of 5 consecutive week-days and, in determining such a period, a Saturday or a public holiday (within the meaning of the Organisation of Working Time Act 1997) shall be disregarded.
(2) A power conferred by this Act to make determinations shall be construed as including a power exercisable in the like manner to revoke or amend determinations made under the power.
(3) Nothing in this Act shall be construed as prohibiting or restricting access by an FOI body to a record held by another FOI body.
(4) A reference in section 9, 10, 12, 13 or 21 in relation to an FOI request or the receipt of such a request or to an application under section 9(1), 10(1) or 21(2), to the head of an FOI body shall be construed as including a reference to the body and to any director or member of the staff thereof, and this Act shall, with any necessary modifications, apply and have effect accordingly.
(5) In this Act a reference to records held by an FOI body includes a reference to records under the control of that body.
Annotations
Amendments:
F1
Inserted (5.12.2018) by Home Building Finance Ireland Act 2018 (28/2018), s. 20(a), S.I. No. 518 of 2018.
Modifications (not altering text):
C3
Application of subs. (2) restricted (15.12.2021) by Land Development Agency Act 2021 (26/2021), s. 79(2), S.I. No. 712 of 2021.
Application of Freedom of Information Act 2014 to Agency
79. …
(2) Notwithstanding section 2(1) of the Act of 2014, the “effective date” in the case of the Agency and a subsidiary DAC shall, for the purposes of that Act, be 13 March 2019.
(3) The Agency and a subsidiary DAC shall, notwithstanding the dissolution of the dissolved body, comply with any obligations of the dissolved body under the Act of 2014.
…
C4
Reference to Financial Services Ombudsman’s Bureau and the Financial Services Ombudsman construed (1.01.2018) by Financial Services and Pensions Ombudsman Act 2017 (22/2017), ss. 8(1)(a), 27 and 29(3), S.I. Nos. 524 and 525 of 2017.
Appointment of Ombudsman and Deputy Ombudsman
8. (1) The Minister, having consulted the Minister for Social Protection, from among persons in respect of whom a recommendation for the purposes of this section has been made by the Public Appointments Service consequent upon the holding of a competition in accordance with the Act of 2004 in respect of each of those offices, shall appoint the following:
(a) a person to hold office known as an tOmbudsman Seirbhísí Airgeadais agus Pinsean or, in the English language, the Financial Services and Pensions Ombudsman (in this Act referred to as the “Ombudsman”);
..
PART 4
Exempt Records
Section 28
Meetings of the Government
28. (1) A head may refuse to grant an FOI request if the record concerned—
(a) has been, or is proposed to be, submitted to the Government for its consideration by a Minister of the Government or the Attorney General and was created for that purpose,
(b) is a record of the Government other than a record by which a decision of the Government is published to the general public by or on behalf of the Government, or
(c) contains information (including advice) for a member of the Government, the Attorney General, a Minister of State, the Secretary General to the Government for use by him or her solely for the purpose of the transaction of any business of the Government at a meeting of the Government.
(2) A head shall refuse to grant an FOI request if the record concerned—
(a) contains the whole or part of a statement made at a meeting of the Government or information that reveals, or from which may be inferred, the substance of the whole or part of such a statement, and
(b) is not a record—
(i) referred to in paragraph (a) or (c) of subsection (1), or
(ii) by which a decision of the Government is published to the general public by or on behalf of the Government.
(3) Subject to this Act, subsection (1) does not apply to a record referred to in that subsection—
(a) if and in so far as it contains factual information relating to a decision of the Government that has been published to the general public, or
(b) if the record relates to a decision of the Government that was made more than 5 years before the receipt by the head concerned of the FOI request concerned.
(4) A decision to grant an FOI request in respect of a record to which paragraph (a) or (b) of subsection (1) applies shall not be made unless, in so far as it is practicable to do so, the head concerned has, prior to the making of the decision, consulted in relation to the request with—
(a) the leader of each political party to which belonged a member of the Government that made any decision to which the record relates, and
(b) any member of the Government aforesaid who was not a member of a political party.
(5) Where an FOI request relates to a record to which subsection (1) applies, or would, if the record existed, apply, and the head concerned is satisfied that the disclosure of the existence or non-existence of the record would be contrary to the public interest, he or she shall refuse to grant the request and shall not disclose to the requester concerned whether or not the record exists.
(6) In this section—
“decision of the Government” includes the noting or approving by the Government of a record submitted to them;
“record” includes a preliminary or other draft of the whole or part of the material contained in the record;
“Government” includes a committee of the Government, that is to say, a committee appointed by the Government whose membership consists of—
(a) members of the Government, or
(b) one or more members of the Government together with either or both of the following:
(i) one or more Ministers of State;
(ii) the Attorney General.
Section 29
Deliberations of FOI bodies
29. (1) A head may refuse to grant an FOI request—
(a) if the record concerned contains matter relating to the deliberative processes of an FOI body (including opinions, advice, recommendations, and the results of consultations, considered by the body, the head of the body, or a member of the body or of the staff of the body for the purpose of those processes), and
(b) the granting of the request would, in the opinion of the head, be contrary to the public interest,
and, without prejudice to the generality of paragraph (b), the head shall, in determining whether to grant or refuse to grant the request, consider whether the grant thereof would be contrary to the public interest by reason of the fact that the requester concerned would thereby become aware of a significant decision that the body proposes to make.
(2) Subsection (1) does not apply to a record if and in so far as it contains any or all of the following:
(a) matter such as rules, procedures, guidelines, interpretations and precedents used, or intended to be used, by an FOI body for the purpose of making decisions, determinations or recommendations;
(b) factual information;
(c) the reasons for the making of a decision by an FOI body;
(d) a report of an investigation or analysis of the performance, efficiency or effectiveness of an FOI body in relation to the functions generally or a particular function of the body;
(e) a report, study or analysis of a scientific or technical expert relating to the subject of his or her expertise or a report containing opinions or advice of such an expert and not being a report used or commissioned for the purposes of a decision of an FOI body made pursuant to any enactment or scheme.
Section 30
Functions and negotiations of FOI bodies
30. (1) A head may refuse to grant an FOI request if access to the record concerned could, in the opinion of the head, reasonably be expected to—
(a) prejudice the effectiveness of tests, examinations, investigations, inquiries or audits conducted by or on behalf of an FOI body or the procedures or methods employed for the conduct thereof,
(b) have a significant, adverse effect on the performance by an FOI body of any of its functions relating to management (including industrial relations and management of its staff), or
(c) disclose positions taken, or to be taken, or plans, procedures, criteria or instructions used or followed, or to be used or followed, for the purpose of any negotiations carried on or being, or to be, carried on by or on behalf of the Government or an FOI body.
(2) Subsection (1) shall not apply in relation to a case in which in the opinion of the head concerned, the public interest would, on balance, be better served by granting than by refusing to grant the FOI request concerned.
Section 31
Parliamentary, court and certain other matters
31. (1) A head shall refuse to grant an FOI request if the record concerned—
(a) would be exempt from production in proceedings in a court on the ground of legal professional privilege,
(b) is such that the head knows or ought reasonably to have known that its disclosure would constitute contempt of court, or
(c) consists of—
(i) the private papers of a member of the European Parliament or a member of a local authority, or
(ii) opinions, advice, recommendations, or the results of consultations, considered by—
(I) either House of the Oireachtas or the Chairman or Deputy Chairman or any other member of either such House or a member of the staff of the Houses of the Oireachtas Service for the purposes of the proceedings at a sitting of either such House, or
(II) a committee appointed by either such House or jointly by both such Houses and consisting of members of either or both of such Houses or a member of such a committee or a member of the staff of the Houses of the Oireachtas Service for the purposes of the proceedings at a meeting of such a committee.
(2) A head may refuse to grant an FOI request if the record concerned relates to the appointment or proposed appointment, or the business or proceedings, of—
(a) a tribunal to which the Tribunals of Inquiry (Evidence) Act 1921 applies,
(b) any other tribunal or other body or individual appointed by the Government or a Minister of the Government to inquire into specified matters at least one member, or the sole member, of which holds or has held judicial office or is a barrister or a solicitor, or
(c) any tribunal or other body or individual appointed by either or both of the Houses of the Oireachtas to inquire into specified matters,
and the request is made at a time when it is proposed to appoint the tribunal, body or individual or at a time when the performance of the functions of the tribunal, body or individual has not been completed.
(3) Subsection (2) does not apply to a record in so far as it relates to the general administration of, or of any offices of, a tribunal or other body or an individual specified in that subsection.
(4) Where an FOI request relates to a record to which subsection (1)(a) applies, or would, if the record existed, apply, and the head concerned is satisfied that the disclosure of the existence or non-existence of the record would be contrary to the public interest, he or she shall refuse to grant the request and shall not disclose to the requester concerned whether or not the record exists.
Section 32
Law enforcement and public safety
32. (1) A head may refuse to grant an FOI request if access to the record concerned could, in the opinion of the head, reasonably be expected to—
(a) prejudice or impair—
(i) the prevention, detection or investigation of offences, the apprehension or prosecution of offenders or the effectiveness of lawful methods, systems, plans or procedures employed for the purposes of the matters aforesaid,
(ii) the enforcement of, compliance with or administration of any law,
(iii) lawful methods, systems, plans or procedures for ensuring the safety of the public and the safety or security of persons and property,
(iv) the fairness of criminal proceedings in a court or of civil proceedings in a court or other tribunal,
(v) the security of a penal institution,
(vi) the security of a children detention school within the meaning of section 3 of the Children Act 2001,
(vii) the security of a remand centre designated under section 88 of the Children Act 2001,
(viii) the security of the Central Mental Hospital,
(ix) the security of a building or other structure or a vehicle, ship, boat or aircraft, or
(x) the security of any system of communications, whether internal or external, of the Garda Síochána, the Defence Forces, the Revenue Commissioners or a penal institution,
(b) endanger the life or safety of any person, or
(c) facilitate the commission of an offence.
(2) Where an FOI request relates to a record to which subsection (1) applies, or would, if the record existed, apply, and the head concerned is satisfied that the disclosure of the existence or non-existence of the record would have an effect specified in paragraph (a), (b) or (c) of that subsection, he or she shall refuse to grant the request and shall not disclose to the requester concerned whether or not the record exists.
(3) Subsection (1) does not apply to a record—
(a) if it—
(i) discloses that an investigation for the purpose of the enforcement of any law, or anything done in the course of such an investigation or for the purposes of the prevention or detection of offences or the apprehension or prosecution of offenders, is not authorised by law or contravenes any law, or
(ii) contains information concerning—
(I) the performance of the functions of an FOI body whose functions include functions relating to the enforcement of law or the ensuring of the safety of the public (including the effectiveness and efficiency of such performance), or
(II) the merits or otherwise or the success or otherwise of any programme, scheme or policy of an FOI body for preventing, detecting or investigating contraventions of the law or the effectiveness or efficiency of the implementation of any such programme, scheme or policy by an FOI body,
and
(b) in the opinion of the head concerned, the public interest would, on balance, be better served by granting than by refusing to grant the request concerned.
(4) For the purposes of subsection (1) “penal institution” means any or all of the following:
(a) a place to which the Prisons Acts 1826 to 2007 apply;
(b) a military prison or detention barrack within the meaning, in each case, of the Defence Act 1954;
(c) F4[…]
Annotations
Amendments:
F4
Deleted (7.04.2017) by Prisons Act 2015 (57/2015), s. 22, S.I. No. 134 of 2017.
Section 33
Security, defence and international relations
33. (1) A head may refuse to grant an FOI request in relation to a record (and in particular but without prejudice to the generality otherwise of this subsection, to a record to which subsection (2) applies) if, in the opinion of the head, access to it could reasonably be expected to affect adversely—
(a) the security of the State,
(b) the defence of the State,
(c) matters relating to Northern Ireland, or
(d) the international relations of the State.
(2) This subsection applies to a record that—
(a) contains information that relates to the tactics, strategy or operations of the Defence Forces in or outside the State, or
(b) contains a communication between a Minister of the Government or his or her Department or Office and a diplomatic mission or consular post in the State or of the State or a communication between the Government or an officer of a Minister of the Government or another person acting on behalf of such a Minister and another government or a person acting on behalf of another government—
(i) other than where such information was communicated in confidence or relates to negotiations between the State and the other state in question or in relation to such a state, or is a record of that other state containing information the disclosure of which is prohibited by that state, or
(ii) other than a record containing analysis, opinions, advice, recommendations and the results of consultations or information the release of which, in the opinion of the head, could reasonably be expected to affect adversely the international relations of the State,
in which case (that is to say, either of the cases falling within subparagraph (i) or (ii)), the request shall be refused.
(3) A head shall refuse to grant an FOI request if the record concerned—
(a) contains information that was obtained or prepared for the purpose of intelligence in respect of the security or defence of the State,
(b) contains information that relates to the detection, prevention or suppression of activities calculated or tending to undermine the public order or the authority of the State (which expression has the same meaning as in section 2 of the Offences Against the State Act 1939), or
(c) contains information communicated in confidence—
(i) to any person in or outside the State from any person in or outside the State (including any law enforcement agency) and relating to a matter referred to in subsection (1), or to the protection of human rights and expressed by the latter person to be confidential or to be communicated in confidence,
(ii) from, to, or within an international organisation of states or a subsidiary organ of such an organisation or an institution or body of the European Union, or relates to negotiations between the State and such an organisation, organ, institution or within or in relation to such an organisation, organ, institution or body, or is a record of such a body containing information the disclosure of which is prohibited by the organisation, organ, institution or body, or
(iii) (whether generated in the State or elsewhere) in the possession of a public body in relation to planning for, or responses to, threats or incidents in respect of network and information security.
(4) Where an FOI request relates to a record to which subsection (1) applies, or would, if the record existed, apply, and the head concerned is satisfied that the disclosure of the existence or non-existence of the record would prejudice a matter referred to in that subsection, he or she shall refuse to grant the request and shall not disclose to the requester concerned whether or not the record exists.
Section 34
Conclusiveness of certain decisions pursuant to sections 32 and 33
34. (1) (a) Subject to paragraph (b), where—
(i) a Minister of the Government or the head of an FOI body (other than a Department of State) in relation to which functions stand conferred on that Minister of the Government—
(I) pursuant to section 13, refuses to grant an FOI request to him or her, or
(II) pursuant to section 21, upholds a decision, or decides, to refuse to grant an FOI request,
because he or she is satisfied that, by virtue of section 32 or 33, the record concerned is an exempt record, and
(ii) the Minister of the Government is satisfied, that the record is of sufficient sensitivity or seriousness to justify his or her doing so,
the Minister of the Government may declare, in a certificate issued by him or her (“certificate”), that the record is, by virtue of section 32 or 33, an exempt record.
(b) A Minister of the Government shall not issue a certificate in respect of a record the subject of a decision referred to in clause (I) or (II) of paragraph (a)(i) by the head of an FOI body (other than a Department of State) unless he or she has been requested by the head, in writing or such other form as may be determined, to do so.
(2) Where an application is made to a head for the review under section 21 of a decision to refuse to grant an FOI request, a certificate shall not be issued in respect of the record concerned more than 3 weeks after the date of the receipt of the application by that head.
(3) While a certificate is in force—
(a) the record to which it relates shall, subject to this Act, be deemed conclusively to be an exempt record, and
(b) an application for a review under section 21 or 22, as may be appropriate, of the decision concerned under section 13 or 21 in relation to the record shall not lie.
(4) A document purporting to be a certificate and to be signed by a Minister of the Government shall, unless the contrary is proved, be deemed to be a certificate of that Minister of the Government and to be in force and shall be received in any proceedings in a court or under section 21 or 22 without further proof.
(5) A certificate shall specify—
(a) the FOI request concerned,
(b) the provisions of section 32 or 33, as may be appropriate, by reference to which the record to which it relates is an exempt record,
(c) the date on which the certificate is signed by the Minister of the Government concerned and the date of its expiration, and
(d) the name of the requester,
and shall be signed by the Minister of the Government by whom it is issued.
(6) Upon the issue of a certificate, the Minister of the Government concerned shall cause—
(a) a copy of the certificate to be furnished forthwith to the requester concerned, and
(b) a copy of the certificate and a statement in writing of the reasons why the record to which it relates is an exempt record and of the matter by reference to which the Minister of the Government is satisfied that subsection (1)(a)(ii)applies to the record to be furnished forthwith to the Taoiseach and such other Ministers of the Government as may be prescribed.
(7) (a) Subject to paragraph (b), the Taoiseach, jointly with any other Ministers of the Government standing prescribed under subsection (6), shall—
(i) as soon as may be after 1 January 2015, review the operation of subsection (1), and
(ii) on the expiration of each period of 12 months (or such other period not exceeding 24 months in length as may be prescribed) from that date, review the operation of subsection (1) during that period.
(b) A Minister of the Government shall not take part in a review under this subsection in so far as it relates to a certificate issued by him or her but may make submissions to the other Ministers of the Government concerned in relation to the part of such a review in which he or she is precluded as aforesaid from taking part.
(c) If, following a review under this subsection, the Ministers of the Government concerned are not satisfied—
(i) that a record to which the certificate concerned relates is an exempt record, or
(ii) that any of the information contained in the record is of sufficient sensitivity or seriousness to justify the continuance in force of the certificate,
they shall request the Minister of the Government concerned to revoke the certificate.
(d) A Minister of the Government may, for the purposes of a review by that Minister of the Government under this subsection, examine all relevant records held by or on behalf of or under the control of another head.
(8) (a) The Taoiseach may, at any time, review the operation of subsection (1) in so far as it relates to any other Minister of the Government or the issue of a particular certificate by another Minister of the Government.
(b) Paragraph (c) and (d) of subsection (7) shall have effect in relation to a review under this subsection with the necessary modifications.
(9) A Minister of the Government may, and shall, if so requested pursuant to subsection (7)(c), by instrument signed by him or her, revoke a certificate issued by that Minister of the Government and, if he or she does so, he or she shall cause the requester concerned to be furnished forthwith with a copy of the instrument.
(10) If a certificate or the decision concerned under section 13 or 21 in relation to a record to which a certificate relates is annulled by the High Court under section 24, the certificate shall thereupon expire.
(11) A Minister of the Government shall, in each year after the year in which this section comes into operation, cause to be prepared and furnished to the Commissioner a report in writing specifying the number of certificates issued by him or her in the preceding year and the provisions of section 32 or 33, as may be appropriate, by virtue of which, pursuant to section 13, the grant of the FOI request concerned was refused, or, pursuant to section 21, a decision to uphold a decision to refuse to grant, the FOI request concerned was made.
(12) Where a certificate is revoked or has expired and another certificate is not in force in relation to the record concerned or the certificate is annulled under section 24, the requester concerned may make an application for a review under section 21 or 22, as may be appropriate, of the decision concerned under section 13 or 21 not later than 28 days after the date of the revocation, expiration or annulment, as the case may be.
(13) Subject to subsections (9) and (10), a certificate shall remain in force for a period of 2 years after the date on which it is signed by the Minister of the Government concerned and shall then expire, but a Minister of the Government may, at any time, issue a certificate under this section in respect of a record in relation to which a certificate had previously been issued, unless pursuant to—
(a) a decision (which has not been reversed) following a review under sections 21 or 22, or
(b) a decision under section 24 on an appeal to the High Court,
the record is not an exempt record.
Section 35
Information obtained in confidence
35. (1) Subject to this section, a head shall refuse to grant an FOI request if—
(a) the record concerned contains information given to an FOI body, in confidence and on the understanding that it would be treated by it as confidential (including such information as aforesaid that a person was required by law, or could have been required by the body pursuant to law, to give to the body) and, in the opinion of the head, its disclosure would be likely to prejudice the giving to the body of further similar information from the same person or other persons and it is of importance to the body that such further similar information as aforesaid should continue to be given to the body, or
(b) disclosure of the information concerned would constitute a breach of a duty of confidence provided for by a provision of an agreement or enactment (other than a provision specified in column (3) in Part 1 or 2 of Schedule 3 of an enactment specified in that Schedule) or otherwise by law.
(2) Subsection (1) shall not apply to a record which is prepared by a head or any other person (being a director, or member of the staff of, an FOI body or a service provider) in the course of the performance of his or her functions unless disclosure of the information concerned would constitute a breach of a duty of confidence that is provided for by an agreement or statute or otherwise by law and is owed to a person other than an FOI body or head or a director, or member of the staff of, an FOI body or of such a service provider.
(3) Subject to section 38, subsection (1)(a) shall not apply in relation to a case in which, in the opinion of the head concerned, the public interest would, on balance, be better served by granting than by refusing to grant the FOI request concerned.
(4) Where—
(a) an FOI request relates to a record to which subsection (1) applies but to which subsection (2) and (3) do not apply or would not, if the record existed, apply, and
(b) in the opinion of the head concerned, the disclosure of the existence or non- existence of the record would have an effect specified in subsection (1),
he or she shall refuse to grant the request and shall not disclose to the requester concerned whether or not the record exists.
(5) Subject to section 2, in this section “record” includes information conveyed in confidence in person, by telephone, electronically or in writing (including a written note taken of a phone message by a person authorised to receive such message).
Section 36
Commercially sensitive information
36. (1) Subject to subsection (2), a head shall refuse to grant an FOI request if the record concerned contains—
(a) trade secrets of a person other than the requester concerned,
(b) financial, commercial, scientific or technical or other information whose disclosure could reasonably be expected to result in a material financial loss or gain to the person to whom the information relates, or could prejudice the competitive position of that person in the conduct of his or her profession or business or otherwise in his or her occupation, or
(c) information whose disclosure could prejudice the conduct or outcome of contractual or other negotiations of the person to whom the information relates.
(2) A head shall grant an FOI request to which subsection (1) relates if—
(a) the person to whom the record concerned relates consents, in writing or in such other form as may be determined, to access to the record being granted to the requester concerned,
(b) information of the same kind as that contained in the record in respect of persons generally or a class of persons that is, having regard to all the circumstances, of significant size, is available to the general public,
(c) the record relates only to the requester,
(d) information contained in the record was given to the FOI body concerned by the person to whom it relates and the person was informed on behalf of the body, before its being so given, that the information belongs to a class of information that would or might be made available to the general public, or
(e) disclosure of the information concerned is necessary in order to avoid a serious and imminent danger to the life or health of an individual or to the environment,
but, in a case falling within paragraph (a) or (c), the head shall ensure that, before granting the request, the identity of the requester or, as the case may be, the consent of the person is established to the satisfaction of the head.
(3) Subject to section 38, subsection (1) does not apply in relation to a case in which, in the opinion of the head concerned, the public interest would, on balance, be better served by granting than by refusing to grant the FOI request.
(4) Where—
(a) an FOI request relates to a record to which subsection (1) applies but to which subsections (2) and (3) do not apply or would not, if the record existed, apply, and
(b) in the opinion of the head concerned the disclosure of the existence or non-existence of the record would have an effect specified in subsection (1),
he or she shall refuse to grant the request and shall not disclose to the requester concerned whether or not the record exists.
Section 37
Personal information
37. (1) Subject to this section, a head shall refuse to grant an FOI request if, in the opinion of the head, access to the record concerned would involve the disclosure of personal information (including personal information relating to a deceased individual).
(2) Subsection (1) does not apply if—
(a) subject to subsection (3), the information concerned relates to the requester concerned,
(b) any individual to whom the information relates consents, in writing or such other form as may be determined, to its disclosure to the requester,
(c) information of the same kind as that contained in the record in respect of individuals generally, or a class of individuals that is, having regard to all the circumstances, of significant size, is available to the general public,
(d) the information was given to the FOI body concerned by the individual to whom it relates and the individual was informed on behalf of the body, before its being so given, that the information belongs to a class of information that would or might be made available to the general public, or
(e) disclosure of the information is necessary in order to avoid a serious and imminent danger to the life or health of an individual,
but, in a case falling within paragraph (a) or (b), the head concerned shall ensure that, before the FOI request concerned is granted, the identity of the requester or, as the case may be, the consent of the individual is established to the satisfaction of the head.
(3) Where an FOI request relates to—
(a) a record of a medical or psychiatric nature relating to the requester concerned, or
(b) a record kept for the purposes of, or obtained in the course of the carrying out of, social work in relation to the requester,
and, in the opinion of the head concerned, disclosure of the information concerned to the requester might be prejudicial to his or her physical or mental health, well-being or emotional condition, the head may decide to refuse to grant the request.
(4) Where, pursuant to subsection (3), a head refuses to grant an FOI request—
(a) there shall be included in the notice under section 13(1) in relation to the matter a statement to the effect that, if the requester requests the head to do so, the head will offer access to the record concerned, and keep it available for that purpose, in accordance with section 13(3) to such health professional having expertise in relation to the subject-matter of the record as the requester may specify, and
(b) if the requester so requests the head, he or she shall offer access to the record to such health professional as aforesaid, and keep it available for that purpose, in accordance with section 13(3).
(5) Where, as respects an FOI request the grant of which would, but for this subsection, fall to be refused under subsection (1), in the opinion of the head concerned, on balance—
(a) the public interest that the request should be granted outweighs the public interest that the right to privacy of the individual to whom the information relates should be upheld, or
(b) the grant of the request would benefit the individual aforesaid,
the head may, subject to section 38, grant the request.
(6) Where—
(a) an FOI request relates to a record to which subsection (1) applies but to which subsection (2) and (5) do not apply or would not, if the record existed, apply, and
(b) in the opinion of the head concerned the disclosure of the existence or non- existence of the record would have the effect specified in subsection (1),
he or she shall refuse to grant the request and shall not disclose to the requester concerned whether or not the record exists.
(7) Notwithstanding paragraph (a) of subsection (2), a head shall, subject to paragraphs (b) to (e) of that subse ction and subsections (5) and (8), refuse to grant an FOI request if, in the opinion of the head, access to the record concerned would, in addition to involving the disclosure of personal information relating to the requester, also involve the disclosure of personal information relating to an individual or individuals other than the requester.
(8) Notwithstanding subsection (1), the Minister may provide by regulations for the grant of an FOI request where—
(a) the individual to whom the record concerned relates belongs to a class specified in the regulations and the requester concerned is the parent or guardian of the individual, or
(b) the individual to whom the record concerned relates is dead and the requester concerned is a member of a class specified in the regulations.
(9) In this section “health professional” means a medical practitioner, within the meaning of the Medical Practitioners Act 2007, a registered dentist, within the meaning of the Dentists Act 1985, or a member of any other class of health worker or social worker standing prescribed, after consultation with such (if any) other Ministers of the Government as the Minister considers appropriate.
Annotations
Editorial Notes:
E17
Power pursuant to subs. (8) exercised (17.02.2017) by Freedom of Information Act 2014 (Sections 9(6), 10(6) and 37(8)) Regulations 2017 (S.I. No. 53 of 2017).
E18
Previous affecting provision: power pursuant to section exercised (10.11.2016) by Freedom of Information Act 2014 (Sections 9(6), 10(6) and 37(8)) Regulations 2016 (S.I. No. 558 of 2016); revoked (17.02.2017) by Freedom of Information Act 2014 (Sections 9(6), 10(6) and 37(8)) Regulations 2017 (S.I. No. 53 of 2017), reg. 3(1), subject to transitional provision in para. (2).
Section 38
Procedure in relation to certain FOI requests to which section 35, 36 or 37 applies
38. (1) In this section “request to which this section applies” means an FOI request to which section 35(3), section 36(3) or section 37(5)(a) applies and which, apart from this section, would fall to be granted.
(2) Subject to subsection (6), before deciding whether to grant a request to which this section applies, a head shall, not later than 2 weeks after the receipt of the request—
(a) if the request is one to which section 35(3) applies, cause the person who gave the information concerned to the FOI body concerned and, if the head considers it appropriate, the person to whom the information relates, or
(b) if the request is one to which section 36(3) or 37(5)(a)applies, cause the person to whom the information relates,
to be notified, in writing or in such other form as may be determined—
(i) of the request and that, apart from this section, it falls, in the public interest, to be granted,
(ii) that the person may, not later than 3 weeks after the receipt of the notification, make submissions to the head in relation to the request, and
(iii) that the head will consider any such submissions before deciding whether to grant or refuse to grant the request.
(3) (a) The head may, as respects a request to which this section applies received by him or her, extend the period specified in subsection (2) for compliance with that subsection by such period as he or she considers necessary but not exceeding a period of 2 weeks if in the opinion of the head—
(i) the request relates to such number of records, or
(ii) the number of persons required by subsection (2) to be notified of the matters referred to in paragraph (i) to (iii) of that subsection is such,
that compliance with that subsection within the period specified therein is not reasonably possible.
(b) Where a period is extended under this subsection, the head concerned shall cause notice in writing, or in such other form as may be determined, to be given to the requester concerned, before the expiration of the period, of the extension and the period thereof and reasons therefor.
(c) The reference in subsection (2) to 2 weeks shall be construed in accordance with any extension under this subsection of that period.
(4) A person who receives a notification under subsection (2) may, not later than 3 weeks after such receipt, make submissions to the head concerned in relation to the request to which this section applies referred to in the notification and the head—
(a) shall consider any such submissions so made before deciding whether to grant the request,
(b) shall cause the person to be notified in writing or in such other form as may be determined of the decision, and
(c) if the decision is to grant the request, shall cause to be included in the notification particulars of the right of review of the decision under section 22, the procedure governing the exercise of that right and the time limit governing such exercise.
(5) Subject to subsection (6), a head shall make a decision whether to grant a request to which this section applies, and shall comply with subsection (4) in relation thereto, not later than 2 weeks after—
(a) the expiration of the time specified in subsection (4), or
(b) the receipt of submissions under that subsection in relation to the request from those concerned,
whichever is the earlier, and section 13(1) shall be construed and shall have effect accordingly.
(6) If, in relation to a request to which this section applies, the head concerned is unable to comply with subsection (2), having taken all reasonable steps to do so, the head shall, if the Commissioner consents to the non-compliance, make a decision whether to grant or refuse the request not later than 7 weeks after the receipt of the request and in such a case section 13(1) shall be construed and shall have effect accordingly.
(7) If, in relation to a request to which this section applies, the Commissioner does not consent, pursuant to subsection (6), to non-compliance with subsection (2), he or she shall direct the head concerned to take specified steps within a specified period for the purpose of complying with subsection (2) and if, having taken those steps within that period or such further period as the Commissioner may specify, the head is unable to comply with that subsection, he or she shall, as soon as may be, make a decision whether to grant or refuse the request.
Section 39
Research and natural resources
39. (1) A head may refuse to grant an FOI request if, in the opinion of the head—
(a) the record concerned contains information in relation to research being or to be carried out by or on behalf of an FOI body and disclosure of the information or its disclosure before the completion of the research would be likely to expose the body, any person who is or will be carrying out the research on behalf of the body or the subject matter of the research to serious disadvantage, or
(b) disclosure of information contained in the record could reasonably be expected to prejudice the well-being of a cultural, heritage or natural resource or a species, or the habitat of a species, of flora or fauna.
(2) Subsection (1) does not apply in relation to a case in which, in the opinion of the head concerned, the public interest would, on balance, be better served by granting than by refusing to grant the FOI request concerned.
Section 40
Financial and economic interests of the State
40. (1) A head may refuse to grant an FOI request in relation to a record (and, in particular, but without prejudice to the generality otherwise of this subsection, to a record to which subsection (2) applies) if, in the opinion of the head—
(a) access to the record could reasonably be expected to have a serious, adverse effect on the ability of the Government to manage the national economy or on the financial interests of the State,
(b) premature disclosure of information contained in the record could reasonably be expected to result in undue disturbance of the ordinary course of business generally, or any particular class of business, in the State and access to the record would involve disclosure of the information that would, in all the circumstances, be premature,
(c) access to the record could reasonably be expected to have a negative impact on decisions by enterprises to invest or expand in the State, on their research activities or on the effectiveness of the industrial development strategy of the State, particularly in relation to the strategies of other states, or
(d) access to the record could reasonably be expected to result in an unwarranted benefit or loss to a person or class of persons.
(2) This subsection applies to a record relating to—
(a) rates of exchange or the currency of the State,
(b) taxes, revenue duties or other sources of income for the State, a local authority or any other public body,
(c) interest rates,
(d) borrowing by or on behalf of the State or a public body,
(e) the regulation or supervision by or on behalf of the State or a public body of the business of banking or insurance or the lending of money or of other financial business or of institutions or other persons carrying on any of the businesses aforesaid,
(f) dealings in securities or foreign currency,
(g) the regulation or control by or on behalf of the State or a public body of wages, salaries or prices,
(h) proposals in relation to expenditure by or on behalf of the State or a public body including the control, restriction or prohibition of any such expenditure,
(i) property or other assets held by or on behalf of the State or a public body and transactions or proposed or contemplated transactions involving such property, or other assets,
(j) foreign investment in enterprises in the State,
(k) industrial development in the State,
(l) trade between persons in the State and persons outside the State,
(m) trade secrets or financial, commercial, industrial, scientific or technical information belonging to the State or a public body, that are of substantial value or reasonably likely to be of substantial value,
(n) information the disclosure of which could reasonably be expected to affect adversely the competitive position of a public body in relation to activities carried on by it on a commercial basis,
(o) the economic or financial circumstances of a public body,
(p) investment or provision of financial support by or on behalf of the State or a public body,
(q) liabilities of the State or a public body, or
(r) advising on or managing public infrastructure projects, including public private partnership arrangements (within the meaning of the State Authorities (Public Private Partnership Arrangements) Act 2002).
(3) Subsection (1) does not apply in relation to a case in which, in the opinion of the head concerned, the public interest would, on balance, be better served by granting than by refusing to grant the FOI request concerned.
Section 41
Enactments relating to non-disclosure of records
41. (1) A head shall refuse to grant an FOI request if—
(a) the disclosure of the record concerned is prohibited by law of the European Union or any enactment (other than a provision specified in column (3) of Part 1 or 2 of Schedule 3 of an enactment specified in that Schedule), or
(b) the non-disclosure of the record is authorised by any such enactment in certain circumstances and the case is one in which the head would, pursuant to the enactment, refuse to disclose the record.
(2) A joint committee of both Houses of the Oireachtas shall, if authorised in that behalf by both such Houses (and such a committee so authorised is referred to subsequently in this section as “the committee”)—
(a) review from time to time the operation of any provisions of any enactment that authorise or require the non-disclosure of a record (other than a provision specified in the said column (3) ) for the purpose of ascertaining whether, having regard to the provisions, purposes and spirit of this Act—
(i) any of those provisions should be amended or repealed, or
(ii) a reference to any of them should be included in the said column (3),
and
(b) prepare and furnish to each such House a report in writing of the results of the review aforesaid and, if it considers it appropriate to do so, include in the report recommendations in relation to the amendment, repeal or continuance in force of, or the inclusion in the said column (3) of a reference to, any of those provisions.
(3) A Minister of the Government shall, in accordance with subsection (6), prepare and furnish to the committee reports in writing—
(a) specifying, as respects any enactments that confer functions on that Minister of the Government or on an FOI body in relation to which functions are vested in that Minister of the Government, any provisions thereof that authorise or require the non-disclosure of a record, and
(b) specifying whether, in the opinion of that Minister of the Government and (where appropriate) any such FOI body, formed having regard to the provisions, purposes and spirit of this Act—
(i) any of the provisions referred to in paragraph (a) should be amended, repealed or allowed to continue in force, or
(ii) a reference to any of them should be included in the said column (3),
and outlining the reasons for the opinion.
(4) A Minister of the Government shall cause a copy of a report prepared by him or her under subsection (3) to be furnished to the Commissioner and to be laid before each House of the Oireachtas.
(5) The Commissioner may, and shall, if so requested by the committee, furnish to the committee his or her opinion and conclusions in relation to a report under subsection (3) or any matter contained in or arising out of such a report or any matter relating to or arising out of the operation of this section.
(6) The first report under subsection (3) of a Minister of the Government shall be furnished by him or her in accordance with that subsection not later than 30 days after the fifth anniversary of the day on which the last previous report, under section 32(3) of the Act of 1997, by him or her was furnished to the joint committee concerned, and subsequent reports under subsection (3) of that Minister of the Government shall be so furnished not later than 30 days after the fifth anniversary of the last previous such report by him or her was so furnished.
PART 5
Restriction of Act
Section 42
Restriction of Act
42. This Act does not apply to—
(a) a record held by—
(i) the courts, or
(ii) a service tribunal within the meaning of section 161 of the Defence Act 1954,
and relating to, or to proceedings in, a court or such a tribunal, other than—
(I) a record that relates to proceedings in a court or such a tribunal held in public but was not created by the court or tribunal and whose disclosure to the general public is not prohibited by the court or the tribunal, or
(II) a record relating to the general administration of the courts or the offices of the courts or such a tribunal or any offices of such a tribunal,
(b) a record held or created by the Garda Síochána that relates to any of the following:
(i) the Emergency Response Unit;
(ii) the Secret Service Fund maintained by it;
(iii) the Special Detective Unit (SDU);
(iv) the witness protection programme sponsored by it;
(v) the Security and Intelligence Section;
(vi) the management and use of covert intelligence operations;
(vii) the Interception of Postal Packets and Telecommunications Messages (Regulation) Act 1993;
(viii) the Criminal Justice (Terrorist Offences) Act 2005;
(ix) the Criminal Justice (Surveillance) Act 2009;
(x) the Communications (Retention of Data) Act 2011,
(c) a record held by—
(i) the Criminal Assets Bureau,
(ii) the Defence Forces relating to—
(I) the Offences against the State Acts 1939 to 1998,
(II) section 170 of the Defence Act 1954,
(III) the Interception of Postal Packets and Telecommunications Messages (Regulation) Act 1993,
(IV) the Criminal Justice (Terrorist Offences) Act 2005,
(V) the Criminal Justice (Surveillance) Act 2009,
(VI) the Communications (Retention of Data) Act 2011, or
(VII) the Data Protection Acts 1988 and 2003 in respect of the statutory powers of an officer under section 8 of the Data Protection Act 1988,
(iii) the Independent Commission for the Location of Victims’ Remains (within the meaning of the Criminal Justice (Location of Victims’ Remains) Act 1999), F5[…]
(iv) the Independent Monitoring Commission F6[(within the meaning of the Independent Monitoring Commission Act 2003), and],
F7[(v) the Independent Reporting Commission established by the Agreement (within the meaning of the Independent Reporting Commission Act 2017),]
(d) a record relating to—
(i) an inquiry within the meaning of section 42 of the Garda Síochána Act 2005, whether the record concerned is held by—
(I) persons conducting the inquiry, or
(II) on the dissolution of the inquiry, any other body having custody of such a record,
other than—
(A) a record relating to the appointment of a person to conduct an inquiry under section 42 of the Garda Síochána Act 2005, or
(B) a record relating to the expenses or other matters concerning the general administration of an inquiry under that section,
(e) a record relating to—
(i) an inquiry into any matter by a tribunal to which the Tribunals of Inquiry (Evidence) Act 1921, is applied, whether the record concerned—
(I) is held by the tribunal of inquiry, or
(II) is deposited with a person, or at a place, in compliance with the requirements of a notice under section 46(1) of the Civil Law (Miscellaneous Provisions) Act 2011 given to the chairman or former chairman, as the case may be, of the tribunal of inquiry,
or
(ii) an investigation by a commission of investigation within the meaning of the Commissions of Investigation Act 2004, whether the record concerned is held by—
(I) the commission of investigation,
(II) the specified Minister after being deposited with him or her under section 43(2) of the Commissions of Investigation Act 2004,
(III) a tribunal of inquiry after being made available to it under section 45 of that Act, or
(IV) a body after being transferred to it on the dissolution of a tribunal of inquiry to which the record was made available under section 45 of that Act,
other than—
(A) a record created before the appointment of the tribunal or the making of the order establishing the commission, or
(B) a record relating to the expenses of the tribunal or commission or other matters concerning the general administration of the tribunal or commission,
(C) a record relating to the appointment of persons under section 7 or 8 of the Commissions of Investigation Act 2004,
F8[(ea) a record held by the CervicalCheck Tribunal (in this paragraph referred to as “the Tribunal”) or, after the Tribunal has been dissolved, the Minister for Health, relating to the Tribunal, other than a record relating to the expenses of the Tribunal or other matters concerning the general administration of the Tribunal,]
(f) a record held or created by the Attorney General or the Director of Public Prosecutions or the Office of the Attorney General or the Office of Director of Public Prosecutions, other than a record relating to general administration,
(g) a record relating to an audit, inspection, investigation or examination carried out by the Comptroller and Auditor General under the Comptroller and Auditor General Acts 1923 to 1993, the Exchequer and Audit Department Acts 1866 and 1921, or any other enactment, other than —
(i) such a record that was created before the commencement of the investigation, audit, inspection or examination aforesaid, or
(ii) a record relating to the general administration of the Office of the Comptroller and Auditor General,
(h) a record relating to the President,
(i) a record held by the Central Bank of Ireland, the disclosure of which is prohibited by—
(i) the Rome Treaty,
(ii) the ESCB Statute, or
(iii) any of the Supervisory Directives,
within the meaning of the Central Bank Act 1942,
(j) 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 either or both of such Houses or any subcommittee of such a committee (including such proceedings in relation to questions put by members of either such House to members of the Government or Ministers of State (whether answered orally or in writing)),
F9[(ja) a record relating to a report, within the meaning of the Protected Disclosures Act 2014 , made under that Act, whether the report was made before or after the date of the passing of the Protected Disclosures (Amendment) Act 2022,]
(k) a record relating to any of the private papers (within the meaning of Article 15.10 of the Constitution) of a member of either House of the Oireachtas or an official document of either or both of such Houses that is required by the rules or standing orders of either or both of such Houses to be treated as confidential,
(l) unless consent has been lawfully given for its disclosure, a record relating to any private paper or confidential communication, within the meaning of Part 10 of the Houses of the Oireachtas (Inquiries, Privileges and Procedures) Act 2013, or official document, within the meaning of Part 11 of that Act, or
(m) a record relating to information whose disclosure could reasonably be expected to reveal, or lead to the revelation of—
(i) the identity of a person who has provided information in confidence in relation to the enforcement or administration of the law to an FOI body, or where such information is otherwise in its possession, or
(ii) any other source of such information provided in confidence to an FOI body, or where such information is otherwise in its possession.
Annotations
Amendments:
F5
Deleted (8.08.2017) by Independent Reporting Commission Act 2017 (25/2017), s. 9(a), S.I. No. 369 of 2017.
F6
Substituted (8.08.2017) by Independent Reporting Commission Act 2017 (25/2017), s. 9(b), S.I. No. 369 of 2017.
F7
Inserted (8.08.2017) by Independent Reporting Commission Act 2017 (25/2017), s. 9(c), S.I. No. 369 of 2017.
F8
Inserted (27.10.2020) by CervicalCheck Tribunal Act 2019 (31/2019), s. 40, S.I. No. 453 of 2020.
F9
Inserted (1.01.2023) by Protected Disclosures (Amendment) Act 2022 (27/2022), s. 20(a), S.I. No. 510 of 2022.
F10
Inserted by Assisted Decision-Making (Capacity)(Amendment) Act 2022 (46/2022), s. 104, not commenced as of date of revision.
Modifications (not altering text):
C7
Prospective affecting provision: para. (eb) inserted by Assisted Decision-Making (Capacity) (Amendment) Act 2022 (46/2022), s. 104, not commenced as of date of revision.
F10[(eb) a record relating to an investigation under section 15, 30, 47, 76 or 88 of the Assisted Decision-Making (Capacity) Act 2015 that has been, or is being, carried out by the Director of the Decision Support Service or a person to whom he or she has delegated his or her functions under section 98(2) of that Act.]
Sch. 1, Part 2
Part 2
Exempt Agencies
A board of management established under section 14 of the Education Act 1998, other than a board of management of a school established or maintained by an education and training board
A bridge bank within the meaning of section 17 of the Central Bank and Credit Institutions (Resolution) Act 2011
Allied Irish Banks p.l.c.
An Post
Bord na Móna
Bus Átha Cliath — Dublin Bus
Bus Éireann
Coillte Teoranta
Commissioners for Irish Lights
Córas Iompair Éireann Holding Company
Cork Airport Authority plc.
Drogheda Port Company
Dublin Airport Authority plc.
Dublin Port Company
Dun Laoghaire Harbour Company
Electricity Supply Board
Ervia
Food Safety Promotion Board (Safefood)
Galway Harbour Company
Irish Aviation Authority
Irish Bank Resolution Corporation Limited (in Special Liquidation)
Irish National Petroleum Corporation Limited
The Language Body (An Foras Teanga)
Loughs Agency
National Lottery Company (within the meaning of the National Lottery Act 1986)
National Oil Reserves Agency
New Ross Port Company
permanent tsb Group Holdings p.l.c.
Port of Cork Company
Port of Waterford Company
Private Security Appeals Board
Private Security Authority
Shannon Airport Authority plc.
Shannon Foynes Port Company
Special European Union Programmes Body
Tourism Ireland
Trade and Business Development Body (InterTradeIreland)
Voluntary Health Insurance Board
Waterways Ireland
Wicklow Port Company
Schedule 2
SCHEDULE 2
The Information Commissioner
Section 43
1. Subject to this Schedule, a person appointed to be the Commissioner shall hold the office for a term of 6 years and may be re-appointed to the office for a second or subsequent term.
2. A person appointed to be the Commissioner—
(a) may at his or her own request be relieved of office by the President,
(b) may be removed from office by the President but shall not be removed from office except for stated misbehaviour, incapacity or bankruptcy and then only upon resolutions passed by Dáil Éireann and by Seanad Éireann calling for his or her removal,
F20[(c) shall in any case vacate the office on attaining the age of 70 years or, where a higher age is prescribed by order under section 3A(2) of the Public Service Superannuation (Miscellaneous Provisions) Act 2004 for the purposes of that Act, that age but, where the person is a new entrant (within the meaning of that Act) appointed on or after 1 April 2004, the requirement to vacate office on grounds of age shall not apply.]
3. (1) Where a person who holds the office of Commissioner is—
(a) nominated as a member of Seanad Éireann,
(b) elected as a member of either House of the Oireachtas or a local authority or to the European Parliament, or
(c) regarded, pursuant to section 19 of the European Parliament Elections Act 1997, as having been elected to the European Parliament to fill a vacancy,
he or she shall thereupon cease to be the Commissioner.
(2) A person who is for the time being entitled under the standing orders of either House of the Oireachtas to sit therein or who is a member of the European Parliament or a local authority shall, while he or she is so entitled or is such a member, be disqualified for being appointed to be the Commissioner.
4. A person who holds the office of Commissioner shall not hold any other office or employment in respect of which emoluments are payable (other than the office of Ombudsman) or be a member of the Reserve Defence Force.
5. The Commissioner shall be paid, out of moneys provided by the Oireachtas, such remuneration and allowances for expenses as the Minister may from time to time determine.
6. (1) The Minister may make and carry out, in accordance with its terms, a scheme or schemes for the granting of pensions, gratuities or allowances on retirement or death to, or in respect of, persons who have held the office of Commissioner.
(2) The Minister may at any time make and carry out, in accordance with its terms, a scheme or schemes amending or revoking a scheme under this paragraph.
(3) A scheme under this paragraph shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the scheme is passed by either such House within the next 21 days on which that House has sat after the scheme is laid before it, the scheme shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.
7. (1) The Minister may appoint to be members of the staff of the Commissioner such number of persons as the Minister may determine from time to time.
(2) Members of the staff of the Commissioner shall be civil servants in the Civil Service of the State (within the meaning of the Civil Service Regulation Act 1956).
(3) The Minister may delegate to the Commissioner the powers exercisable by him or her under the Public Service Management (Recruitment and Appointments) Act 2004, and the Civil Service Regulation Acts 1956 to 2005, as the appropriate authority in relation to members of the staff of the Commissioner and, if the Minister does so, then, so long as the delegation remains in force—
(a) those powers shall, in lieu of being exercisable by the Minister, be exercisable by the Commissioner, and
(b) the Commissioner shall, in lieu of the Minister, be for the purposes of this Act the appropriate authority in relation to members of the staff of the Commissioner.
8. (1) The Commissioner shall keep, in such form as may be approved of by the Minister, all proper and usual accounts of all moneys received or expended by him or her and all such special accounts (if any) as the Minister may direct.
(2) Accounts kept in pursuance of this paragraph in respect of each year shall be submitted by the Commissioner in the following year on a date not later than a date specified by the Minister to the Comptroller and Auditor General for audit and, as soon as may be after the audit, a copy of those accounts, or of such extracts from those accounts as the Minister may specify, together with the report of the Comptroller and Auditor General on the accounts, shall be presented by the Commissioner to the Minister who shall cause copies of the documents presented to him or her to be laid before each House of the Oireachtas.
9. The Commissioner may delegate to a member of the staff of the Commissioner any of the functions of the Commissioner (other than those under this paragraph or section 47) and subsection (2) to (4) of section 20 shall, with any necessary modifications, have effect for the purposes of a delegation under this paragraph as they have effect for the purposes of a delegation under that section. References in this Act to the Commissioner shall be construed, where appropriate having regard to any delegation under this paragraph, as including references to any person to whom functions stand delegated by the delegation.
10. Paragraph 1 shall apply to a person appointed as Commissioner whether before or after the commencement of this Act.
Annotations
Amendments:
F20
Substituted by Public Service Superannuation (Miscellaneous Provisions) Act 2004 (7/2004), s. 3A and sch. 2 part 3 as inserted (26.12.2018) by Public Service Superannuation (Age of Retirement) Act 2018 (39/2018), ss. 3, 7 and sch., commenced on enactment.
Schedule 3
SCHEDULE 3
Enactments Excluded from Application of Section 41
Sections 35 and 41
Sch. 3, Part 1
Part 1
Statutes
Number and Year
(1)
Short Title
(2)
Provision
(3)
No. 26 of 1946
Industrial Relations Act 1946
Section 22.
No. 28 of 1947
Health Act 1947
Section 54(3).
No. 1 of 1963
Official Secrets Act 1963
Sections 4, 5 and 9.
No. 14 of 1969
Industrial Relations Act 1969
Section 14.
No. 30 of 1976
Gas Act 1976
Section 20.
No. 5 of 1979
Údarás na Gaeltachta Act 1979
Section 15.
No. 36 of 1980
Irish Film Board Act 1980
Section 18.
No. 24 of 1983
Postal and Telecommunications Services Act 1983
Section 37.
No. 9 of 1986
Industrial Development Act 1986
Sections 42 and 43.
No. 31 of 1986
Transport (Re-organisation of Córas Iompair Éireann) Act 1986
Section 22.
No. 6 of 1987
Air Pollution Act 1987
Section 16(4).
No. 15 of 1987
Labour Services Act 1987
Section 13.
No. 18 of 1988
Agriculture (Research, Training and Advice) Act 1988
Section 14.
No. 26 of 1988
Forestry Act 1988
Section 33.
No. 18 of 1990
National Treasury Management Agency Act 1990
Section 14.
No. 19 of 1990
Industrial Relations Act 1990
Section 25(6).
No. 25 of 1990
Pensions Act 1990
Section 24.
No. 25 of 1990
Pensions Act 1990
Section 145 (inserted by the Pensions (Amendment) Act 2002).
No. 2 of 1991
Marine Institute Act 1991
Section 15.
No. 9 of 1991
Radiological Protection Act 1991
Section 36(1) (d).
No. 7 of 1992
Environmental Protection Agency Act 1992
Section 39.
No. 14 of 1993
Roads Act 1993
Section 38.
No. 19 of 1993
Industrial Development Act 1993
Paragraph 4 of Second Schedule.
No. 29 of 1993
Irish Aviation Authority Act 1993
Section 35.
No. 16 of 1994
Health Insurance Act 1994
Section 34(1).
No. 18 of 1994
Irish Horseracing Industry Act 1994
Section 17.
No. 22 of 1994
An Bord Bia Act 1994
Section 26.
No. 25 of 1994
Milk (Regulation of Supply) Act 1994
Section 16(1).
No. 29 of 1995
Irish Medicines Board Act 1995
Section 23.
No.4 of 1996
Voluntary Health Insurance (Amendment) Act 1996
Section 8.
No. 11 of 1996
Harbours Act 1996
Section 33.
F21[No. 28 of 1998
National Standards Authority of Ireland Act 1996
Paragraph 5 of the Second Schedule.]
No. 39 of 1997
Taxes Consolidation Act 1997
Section 857.
No. 24 of 1998
Air Navigation and Transport (Amendment) Act 1998
Section 36.
No. 29 of 1998
Food Safety Authority of Ireland Act 1998
Section 43(1).
No. 42 of 1998
Western Development Commission Act 1998
Section 18.
No. 23 of 1999
Electricity Regulation Act 1999
Section 13.
No. 1 of 2000
Comhairle Act 2000
Section 18.
No. 1 of 2001
Aviation Regulation Act 2001
Section 19.
No. 43 of 2001
Ordnance Survey Ireland Act 2001
Section 23.
No. 54 of 2001
Family Support Agency Act 2001
Section 21.
No. 55 of 2001
Transport (Railway Infrastructure) Act 2001
Section 30.
No. 9 of 2002
Housing (Miscellaneous Provisions) Act 2002
Section 13.
No. 10 of 2002
Gas (Interim) (Regulation) Act 2002
Section 19.
No. 20 of 2002
Communications Regulation Act 2002
Section 24.
No. 10 of 2003
National Tourism Development Authority Act 2003
Section 22.
No. 23 of 2003
Digital Hub Development Agency Act 2003
Section 27.
No. 24 of 2003
Arts Act 2003
Section 20.
No. 42 of 2004
Health Act 2004
Section 26.
No. 22 of 2005
Veterinary Practice Act 2005
Section 25.
No. 10 of 2005
Safety, Health and Welfare at Work Act 2005
Section 73.
No. 31 of 2005
Railway Safety Act 2005
Section 21(1).
No. 8 of 2006
Sea-Fisheries and Maritime Jurisdiction Act 2006
Section 58.
No. 14 of 2006
Road Safety Authority Act 2006
Section 26.
No. 17 of 2006
Health (Repayment Scheme) Act 2006
Section 12(4).
No. 19 of 2006
National Sports Campus Development Authority Act 2006
Section 17.
No. 21 of 2006
National Economic and Social Development Office Act 2006
Section 23.
No. 23 of 2007
Health Act 2007
Section 84.
No. 19 of 2007
Consumer Protection Act 2007
Section 32.
No. 7 of 2007
National Oil Reserves Agency Act 2007
Section 24.
No. 15 of 2008
Dublin Transport Authority Act 2008
Section 38.
No. 10 of 2010
Inland Fisheries Act 2010
Section 36.
No. 41 of 2011
Nurses and Midwives Act 2011
Section 17.
No. 28 of 2012
Qualifications and Quality Assurance (Education and Training) Act 2012
Paragraph 13 of Schedule 1.
Annotations
Amendments:
F21
Inserted (24.06.2016) by Freedom of Information Act 2014 (Amendment of Schedule 3) Regulations 2016 (S.I. No. 330 of 2016), reg. 2.
F22
Inserted by Minerals Development Act 2017 (23/2017), s. 251, not commenced as of date of revision.
Modifications (not altering text):
C13
Prospective affecting provision: table amended by Minerals Development Act 2017 (23/2017), s. 251, not commenced as of date of revision.
No. 28 of 2012
…
…
F22[Minerals Development Act 2017]
F22[section 168]
Sch. 3, Part 2
Part 2
Statutory Instruments
Number & Year
(1)
Title of Instrument
(2)
Provision
(3)
No. 105 of 1971
Health Services Regulations 1971.
Article 5.
No. 187 of 1971
St. James’s Hospital Board (Establishment) Order 1971.
Article 29.
No. 175 of 1983
Fire Services Council (Establishment) Order 1983.
Article 13.
No. 222 of 1983
Housing (Rent Tribunal) Regulations 1983.
Article 14(3).
No. 279 of 1986
The Health Research Board (Establishment) Order 1986.
Article 23.
No. 252 of 1994
The European Communities (Medical Devices) Regulations 1994.
Articles 24(A) and 26(1) (c).
No. 253 of 1994
The European Communities (Active Implantable Medical Devices) Regulations 1994.
Article 20(1) (c).
No. 376 of 1999
The National Council for the Professional Development of Nursing and Midwifery (Establishment) Order 1999.
Article 25.
No. 109 of 2000
The Pre-Hospital Emergency Care Council (Establishment) Order 2000.
Article 35.
No. 304 of 2001
European Communities (In Vitro Diagnostic Medical Devices) Regulations 2001.
Articles 17(4) (c) and 20.
No. 179 of 2004
National Treatment Purchase Fund Board (Establishment) Order 2004.
Article 16.
No. 451 of 2004
National Haemophilia Council (Establishment) Order 2004.
Article 23.
Schedule 4
SCHEDULE 4
Repeals
Section 5
Sch. 4, Part 1
Part 1
Statutes
Citation
(1)
Short title
(2)
Extent of repeal
(3)
No. 13 of 1997
Freedom of Information Act 1997
The entire Act.
No. 9 of 2003
Freedom of Information (Amendment) Act 2003
The entire Act.
No. 23 of 2004
Commissions of Investigation Act 2004
Section 40.
No. 25 of 2007
Medical Practitioners Act 2007
Section 14(4) and (5) and section 95(3).
No. 23 of 2011
Civil Law (Miscellaneous Provisions) Act 2011
Section 48.
No. 41 of 2011
Nurses and Midwives Act 2011
Section 19(4) and (5) and section 91(3).
No. 44 of 2012
Personal Insolvency Act 2012
Section 22.
Sch. 4, Part 2
Part 2
Statutory Instruments
Citation
(1)
Short title
(2)
Extent of repeal
(3)
S.I. No. 128 of 2001
Freedom of Information Act 1997 (Prescribed Bodies) (No. 3) Regulations 2001.
The entire instrument.
Schedule 5
SCHEDULE 5
Statutory Instruments Continuing in Force
Section 54
Number & Year
(1)
Title of Instrument
(2)
No. 139 of 1998
Freedom of Information Act 1997 (Section 47(3)) Regulations 1998.
No. 520 of 1998
Freedom of Information Act 1997 (Section 25(6)) Regulations 1998.
No. 46 of 1999
Freedom of Information Act 1997 (Section 6(4)(b)) Regulations 1999.
No. 329 of 1999
Freedom of Information Act 1997 (Prescribed Bodies) Regulations 1999.
No. 115 of 2000
Freedom of Information Act 1997 (Prescribed Bodies) (No. 2) Regulations 2000.
No. 127 of 2001
Freedom of Information Act 1997 (Prescribed Bodies) (No. 2) Regulations 2001.
No. 368 of 2001
Freedom of Information Act 1997 (Classes of Health Professionals) Regulations 2001.
No. 264 of 2003
Freedom of Information Act 1997 (Fees) Regulations 2003.
No. 385 of 2009
Freedom of Information Act 1997 (Section 17(6)) Regulations 2009.
No. 386 of 2009
Freedom of Information Act 1997 (Section 18(5A)) Regulations 2009.
No. 387 of 2009
Freedom of Information Act 1997 (Section 28(6)) Regulations 2009.
Annotations
Editorial Notes:
E20
Freedom of Information Act 1997 (Section 17(6)) Regulations 2009 (S.I. No. 385 of 2009) and Freedom of Information Act 1997 (Section 18(5A)) Regulations 2009 (S.I. No. 386 of 2009) revoked (10.11.2016) by Freedom of Information Act 2014 (Sections 9(6), 10(6) and 37(8)) Regulations 2016 (S.I. No. 558 of 2016), reg. 3(1), subject to transitional provision in reg. 3(2).
E21
Freedom of Information Act 1997 (Section 25(6)) Regulations 1998 (S.I. No. 520 of 1998) revoked (8.08.2016) by Freedom of Information Act 2014 (Section 34(6)(b)) Regulations 2016 (S.I. No. 452 of 2016), reg. 3.
E22
Freedom of Information Act 1997 (Section 28(6)) Regulations 2009 (S.I. No. 387 of 2009) revoked (27.04.2016) by Freedom of Information Act 2014 (Section 37(8)) Regulations 2016 (S.I. No. 218 of 2016), reg. 3, subject to transitional provisions in reg. 3.
E23
Freedom of Information Act, 1997 (Section 47(3)) Regulations 1998 (S.I. No. 139 of 1998) and Freedom of Information Act 1997 (Fees) Regulations 2003 (S.I. No. 264 of 2003) revoked (16.10.2014) by Freedom of Information Act 2014 (Fees) Regulations 2014 (S.I. No. 484 of 2014), reg. 8, in effect as per reg. 1(2).
S.I. No. 144/2015 –
Freedom of Information Act 2014 (Exempted Public Bodies) Order 2015.
Notice of the making of this Statutory Instrument was published in
“Iris Oifigiúil” of 24th April, 2015.
I, BRENDAN HOWLIN, Minister for Public Expenditure and Reform, in exercise of the powers conferred on me by section 6 (5) of the Freedom of Information Act 2014 (No. 30 of 2014), with the consent of the Minister for Arts, Heritage and the Gaeltacht, the Minister for Defence, the Minister for Education and Skills, the Minister for Finance and the Minister for Transport, Tourism and Sport, hereby make the following order, a draft of which has been laid before each House of the Oireachtas and a resolution approving of the draft has been passed by each such House:
Citation
1. This Order may be cited as the Freedom of Information Act 2014 (Exempted Public Bodies) Order 2015.
Definitions
2. In this Order—
“Act of 1998” means the Education Act 1998 (No. 51 of 1998);
“Act of 2003” means the Official Languages Act 2003 (No. 32 of 2003);
“Act of 2014” means the Freedom of Information Act 2014 (No. 30 of 2014).
Application of section 6(1) of Freedom of Information Act 2014
3. (1) Section 6(1) of the Act of 2014 shall not apply to the bodies specified in Part 1 of the Schedule to the extent specified in that Schedule.
(2) Section 6(1) of the Act of 2014 shall not apply to the bodies specified in Part 2 of the Schedule.
(3) A reference to a body in paragraph (1) or (2) includes—
(a) any subsidiary of, and
(b) any body directly or indirectly controlled by,
that body.
Schedule
Part 1
(a) Oifig Choimisinéir na dTeangacha Oifigiúla, insofar as it relates to records concerning—
(i) its monitoring of compliance by public bodies, within the meaning of the Act of 2003, with their obligations under that Act, or
(ii) an investigation by the Commissioner under the Act of 2003;
(b) the National Treasury Management Agency—
(i) insofar as it relates to records concerning the performance of its functions under Part 5 of the National Treasury Management Agency (Amendment) Act 2014 (No. 23 of 2014), save as regards records concerning the general administration of those functions, and
(ii) in the performance of its functions conferred under the Strategic Banking Corporation of Ireland Act 2014 (No. 22 of 2014) insofar as it relates to records concerning the following:
(I) providers or potential providers of finance (including loans) to the Strategic Banking Corporation of Ireland or to any project, fund or other entity managed or promoted by the Strategic Banking Corporation of Ireland;
(II) companies, firms, funds or any other entities to which the Strategic Banking Corporation of Ireland has provided finance (including loans) or could potentially provide finance (including loans) and customers or potential customers of such companies, firms, funds or other entities;
(III) market counterparties or potential market counterparties of the Strategic Banking Corporation of Ireland;
(c) the Strategic Banking Corporation of Ireland in the performance of its functions conferred under the Strategic Banking Corporation of Ireland Act 2014 (No. 22 of 2014) insofar as it relates to records concerning the following:
(I) providers or potential providers of finance (including loans) to the Strategic Banking Corporation of Ireland or to any project, fund or other entity managed or promoted by the Strategic Banking Corporation of Ireland;
(II) companies, firms, funds or any other entities to which the Strategic Banking Corporation of Ireland has provided finance (including loans) or could potentially provide finance (including loans) and customers or potential customers of such companies, firms, funds or other entities;
(III) market counterparties or potential market counterparties of the Strategic Banking Corporation of Ireland;
Part 2
(a) a recognised school within the meaning of section 10 of the Act of 1998 (other than a recognised school established or maintained by an education and training board) in respect of which a board of management, within the meaning of section 14 of the Act of 1998, does not stand appointed;
(b) Shannon Group;
(c) Irish Red Cross.
The Minister for Arts, Heritage and the Gaeltacht consents to the making of the foregoing Order.
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GIVEN under my Official Seal,
8 April 2015.
HEATHER HUMPHREYS,
Minister for Arts, Heritage and the Gaeltacht.
The Minister for Defence consents to the making of the foregoing Order.
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GIVEN under my Official Seal,
2 April 2015.
SIMON COVENEY,
Minister for Defence.
The Minister for Education and Skills consents to the making of the foregoing Order.
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GIVEN under my Official Seal,
2 April 2015.
JAN O’SULLIVAN,
Minister for Education and Skills.
The Minister for Finance consents to the making of the foregoing Order.
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GIVEN under my Official Seal,
2 April 2015.
MICHAEL NOONAN,
Minister for Finance.
The Minister for Transport, Tourism and Sport consents to the making of the foregoing Order.
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GIVEN under my Official Seal,
13 April 2015.
PASCHAL DONOHOE,
Minister for Transport, Tourism and Sport.
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GIVEN under my Official Seal,
2015.
BRENDAN HOWLIN,
Minister for Public Expenditure and Reform.
EXPLANATORY NOTE
(This note is not part of the Instrument and does not purport to be a legal interpretation.)
The purpose of this Order is to provide an exemption or part-exemption from FOI under the Freedom of Information Act 2014 , for the bodies listed in the Schedule to the Order. Bodies listed in Part 1 of the Schedule are to become subject to FOI in part, to the extent detailed in Part 1 of the Schedule. Bodies listed in Part 2 of the Schedule are to be exempt from FOI in full.
S.I. No. 218/2016 –
Freedom of Information Act 2014 (Section 37(8)) Regulations 2016.
Notice of the making of this Statutory Instrument was published in
“Iris Oifigiúil” of 6th May, 2016.
The Minister for Public Expenditure and Reform, in exercise of the powers conferred on him by section 3 of the Freedom of Information Act 2014 (No. 30 of 2014), hereby makes the following regulations:
Citation
1. These Regulations may be cited as the Freedom of Information Act 2014 (Section 37(8)) Regulations 2016.
Interpretation
2. In these Regulations a reference to a section is a reference to a section of the Freedom of Information Act 2014 (No. 30 of 2014).
Revocation and transitional
3. The Freedom of Information Act 1997 (Section 28(6)) Regulations 2009 ( S.I. No. 387 of 2009 ), referred to in these Regulations as the “2009 Regulations”, are revoked but any action commenced under the 2009 Regulations shall continue to be performed and shall be completed after the commencement of these Regulations as if the 2009 Regulations had not been revoked.
Disclosure of personal information permitted in two defined cases
4. Notwithstanding section 37(1), an FOI request may be made for records which involves the disclosure of personal information (including personal information relating to a deceased individual), and shall, subject to the other provisions of the Freedom of Information Act 2014 , be granted if the case falls—
(a) within a case to which Regulation 5 applies and, in addition, the condition specified in Regulation 6 is satisfied, or
(b) within a case to which Regulation 7 applies.
First defined case in which disclosure permitted
5. This Regulation applies to a case in which the requester is a parent or guardian of the individual to whom the record concerned relates and that individual belongs to one of the following classes of individual:
(a) individuals who, on the date of the request, have not attained full age, or
(b) individuals who have attained full age, being individuals who—
(i) at the time of the request have, or are subject to, a psychiatric condition, mental incapacity or severe physical disability, the incidence and nature of which are certified by a registered medical practitioner, and
(ii) by reason of that condition, incapacity or disability, are incapable of exercising their rights under the Act.
Supplemental provision with respect to operation of first defined case
6. The condition referred to in Regulation 4(a) is that the individual specified in Regulation 5 is an individual access to whose records would, in the opinion of the head having regard to all the circumstances, be in the individual’s best interests.
Second defined case in which disclosure permitted
7. This Regulation applies to a case in which the individual to whom the record concerned relates is dead (“the individual”) and either—
(a) the requester concerned belongs to one or other of the following classes:
(i) a personal representative of the individual acting in due course of administration of the individual’s estate or any person acting with the consent of a personal representative so acting,
(ii) a person on whom a function is conferred by law in relation to the individual or his or her estate acting in the course of the performance of the function, or
(b) the requester is the spouse or the next of kin of the individual and, in the opinion of the head, having regard to all the circumstances, the public interest, including the public interest in the confidentiality of personal information, would on balance be better served by granting than by refusing to grant the request.
Supplemental provision with respect to operation of second defined case
8. For the purposes of Regulation 7:
“next of kin” means:
(a) issue,
(b) parent,
(c) brother or sister,
(d) a niece or nephew, or
(e) any other person standing nearest in blood relationship to the individual in accordance with section 71 (2) of the Succession Act 1965 (No.27 of 1965),
and Regulation 9 supplements this definition;
“personal representative” means a personal representative within the meaning of the Succession Act 1965 ;
“spouse” includes, in addition to a lawful spouse:
(a) a party to a marriage that has been dissolved, being a dissolution that is recognised as valid in the State, and a person who is living apart from his or her spouse pursuant to a deed of separation;
(b) a man or woman who was not married to, but cohabited as a spouse with, the deceased individual; and
(c) a civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (No.24 of 2010).
Supplemental provision with respect to definition of “next of kin”
9. The definition of “next of kin” in Regulation 8 shall operate so that, where more than one paragraph of it is applicable in a given case, the person falling within whichever paragraph is numerically the lowest shall alone be regarded as the next of kin of the individual concerned.
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GIVEN under the Official Seal of the Minister for Public Expenditure and Reform,
27 April 2016.
BRENDAN HOWLIN,
Minister for Public Expenditure and Reform.
EXPLANATORY NOTE
(This note is not part of the Instrument and does not purport to be a legal interpretation.)
These Regulations prescribe the classes of individual whose records will be made available to parents and guardians, and the classes of requester to whom the records of deceased persons will be made available, having regard to relevant circumstances and to guidelines published by the Minister for Public Expenditure and Reform.
S.I. No. 330/2016 –
S.I. No. 452/2016 –
Freedom of Information Act 2014 (Section 34(6)(b)) Regulations 2016.
Notice of the making of this Statutory Instrument was published in
“Iris Oifigiúil” of 19th August, 2016.
I, PASCHAL DONOHOE, the Minister for Public Expenditure and Reform, in exercise of the powers conferred on me by section 3 of the Freedom of Information Act 2014 (No. 30 of 2014), hereby make the following regulations:
Citation
1. These Regulations may be cited as the Freedom of Information Act 2014 (Section 34(6)(b)) Regulations 2016.
Prescribed Ministers
2. The Minister for Public Expenditure and Reform and the Minister for Jobs, Enterprise and Innovation are prescribed for the purposes of section 34 (6)(b) of the Freedom of Information Act 2014 (No. 30 of 2014).
Revocation
3. The Freedom of Information Act 1997 (Section 25(6)) Regulations 1998 ( S.I. No. 520 of 1998 ) are revoked.
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GIVEN under my Official Seal,
8 August 2016.
PASCHAL DONOHOE,
Minister for Public Expenditure and Reform.
EXPLANATORY NOTE
(This note is not part of the Instrument and does not purport to be a legal interpretation.)
The FOI Act provides for the use of ministerial certificates in certain limited circumstances and for periodic review of such use by the Taoiseach and prescribed Ministers. These Regulations prescribe the Minister for Public Expenditure and Reform and the Minister for Jobs, Enterprise and Innovation for this purpose.
S.I. No. 558/2016 –
Freedom of Information Act 2014 (Sections 9(6), 10(6) and 37(8)) Regulations 2016.
Notice of the making of this Statutory Instrument was published in
“Iris Oifigiúil” of 15th November, 2016.
I, PASCHAL DONOHOE, Minister for Public Expenditure and Reform, in exercise of the powers conferred on me by sections 3 , 9 (6), 10 (6) and 37 (8) of the Freedom of Information Act 2014 (No. 30 of 2014), hereby make the following regulations:
Citation
1. These Regulations may be cited as the Freedom of Information Act 2014 (Sections 9(6), 10(6) and 37(8)) Regulations 2016.
Interpretation
2. In these Regulations, a reference to a section is a reference to that section of the Freedom of Information Act 2014 (No. 30 of 2014).
Revocation
3. (1) Each of the following—
(a) the Freedom of Information Act 1997 (Section 17(6)) Regulations 2009 ( S.I. No. 385 of 2009 ), referred to in these Regulations as the “First 2009 Regulations”, and
(b) the Freedom of Information Act 1997 (Section 18(5A)) Regulations 2009 ( S.I. No. 386 of 2009 ), referred to in these Regulations as the “Second 2009 Regulations”,
is revoked.
(2) Any action commenced under the First 2009 Regulations or the Second 2009 Regulations shall continue to be performed and shall be completed after the commencement of these Regulations as if the First 2009 Regulations or, as the case may be, the Second 2009 Regulations, had not been revoked.
Amendment of records relating to personal information permitted in 2 defined cases
4. Notwithstanding subsection (1) of section 9, an application under that section may be made to amend a record that includes personal information which is incomplete, incorrect or misleading and shall, subject to the other provisions of the Freedom of Information Act 2014 , be granted if the case either is one—
(a) to which Regulation 6 applies and, in addition, the condition specified in Regulation 7 is satisfied, or
(b) to which Regulation 8 applies.
Right of person to information regarding acts of FOI bodies affecting the person in two defined cases
5. Notwithstanding subsection (1) of section 10, an application under that section may be made where the applicant is a parent or guardian of a person referred to in that subsection and shall, subject to the other provisions of the Freedom of Information Act 2014 , be granted if the case either is one—
(a) to which Regulation 6 applies and, in addition, the condition specified in Regulation 7 is satisfied, or
(b) to which Regulation 8 applies.
First defined case
6. (1) In this Regulation a reference to the individual is a reference to, as the case may be—
(a) the individual to whom the information in the record concerned referred to in section 9(1) relates; or
(b) the person affected by an act of an FOI body, and having a material interest in a matter affected by that act or to which it relates, as referred to in section 10(1).
(2) This Regulation applies to a case in which the applicant is a parent or guardian of the individual and that individual belongs to one of the following classes of individual:
(a) individuals who, on the date of the application, have not attained full age, or
(b) individuals who have attained full age, being individuals who—
(i) at the time of the application have, or are subject to, a psychiatric condition, mental incapacity or severe physical disability, the incidence and nature of which are certified by a registered medical practitioner, and
(ii) by reason of that condition, incapacity or disability, are incapable of exercising their rights under the Freedom of Information Act 2014 .
Supplemental provision with respect to operation of first defined case
7. The condition referred to in Regulation 4(a) or 5(a), as the case may be, is that the individual specified in Regulation 6 is an individual as respects whom the granting of the application would, in the opinion of the head having regard to all the circumstances, be in the individuals best interests.
Second defined case
8. This Regulation applies to a case in which the individual (as that expression is to be construed in accordance with Regulation 6(1)) is dead and either—
(a) the applicant concerned belongs to one of the following classes:
(i) a personal representative of the individual acting in due course of administration of the individuals estate or any person acting with the consent of a personal representative so acting, or
(ii) a person on whom a function is conferred by law in relation to the individual or his or her estate acting in the course of the performance of the function, or
(b) the applicant is the spouse or the next of kin of the individual and, in the opinion of the head having regard to all the circumstances, the public interest, including the public interest in the confidentiality of personal information, would on balance be better served by granting than by refusing to grant the application.
Supplemental provisions with respect to operation of second defined case
9. For the purposes of Regulation 8:
“next of kin” means:
(a) issue,
(b) parent,
(c) brother or sister,
(d) niece or nephew, or
(e) any other person standing nearest in blood relationship to the deceased individual in accordance with section 71(2) of the Succession Act 1965 (No. 27 of 1965),
and Regulation 10 supplements this definition;
“personal representative” means a personal representative within the meaning of the Succession Act 1965 ;
“spouse” includes, in addition to a lawful spouse:
(a) a party to a marriage that has been dissolved, being a dissolution that is recognised as valid in the State, and a person who is living apart from his or her spouse pursuant to a deed of separation;
(b) a man or woman who was not married to, but cohabited as a spouse with, the deceased individual; and
(c) a civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (No. 24 of 2010).
Supplemental provision with respect to “next of kin” in Regulation 9
10. For the purposes of the definition of “next of kin” in Regulation 9:
(a) in a case in which, but for this Regulation, 2 or more paragraphs of that definition would be applicable, the paragraph of them that (alphabetically) is the first in order shall alone be regarded as being applicable; and
(b) as regards the paragraph of that definition that is applicable in the particular case, if 2 or more persons fall within that paragraph, each of them shall be regarded as next of kin of the particular individual.
Amendment of Freedom of Information Act 2014 (Section 37(8)) Regulations 2016
11. The Freedom of Information Act 2014 (Section 37(8)) Regulations 2016 ( S.I. No. 218 of 2016 ) are amended by substituting for Regulation 9 the following:
“9.For the purposes of the definition of “next of kin” in Regulation 8:
(a) in a case in which, but for this Regulation, 2 or more paragraphs of that definition would be applicable, the paragraph of them that (alphabetically) is the first in order shall alone be regarded as being applicable; and
(b) as regards the paragraph of that definition that is applicable in the particular case, if 2 or more persons fall within that paragraph, each of them shall be regarded as next of kin of the particular individual.”.
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GIVEN under my Official Seal,
10 November 2016.
PASCHAL DONOHOE,
Minister for Public Expenditure and Reform.
EXPLANATORY NOTE
(This note is not part of the Instrument and does not purport to be a legal interpretation.)
These Regulations prescribe the classes of individuals who may apply under Section 9(6), 10(6) or 37(8) of the Freedom of information Act 2014 (No. 30 of 2014) respectively for:
(1) Amendment of records containing incorrect, incomplete, or misleading information, Section 9(6) refers;
(2) Reasons for decisions and acts of a Public Body in which they have a material interest in a matter affected by the act or decision or to which it relates. Section 10(6) refers;
(3) Access to parents and guardians and the classes of requester to whom the records of deceased persons will be made available;
having regard to relevant circumstances and to guidelines published by the Minister of Public Expenditure and Reform
S.I. No. 558/2016 –
Freedom of Information Act 2014 (Sections 9(6), 10(6) and 37(8)) Regulations 2016.
Notice of the making of this Statutory Instrument was published in
“Iris Oifigiúil” of 15th November, 2016.
I, PASCHAL DONOHOE, Minister for Public Expenditure and Reform, in exercise of the powers conferred on me by sections 3 , 9 (6), 10 (6) and 37 (8) of the Freedom of Information Act 2014 (No. 30 of 2014), hereby make the following regulations:
Citation
1. These Regulations may be cited as the Freedom of Information Act 2014 (Sections 9(6), 10(6) and 37(8)) Regulations 2016.
Interpretation
2. In these Regulations, a reference to a section is a reference to that section of the Freedom of Information Act 2014 (No. 30 of 2014).
Revocation
3. (1) Each of the following—
(a) the Freedom of Information Act 1997 (Section 17(6)) Regulations 2009 ( S.I. No. 385 of 2009 ), referred to in these Regulations as the “First 2009 Regulations”, and
(b) the Freedom of Information Act 1997 (Section 18(5A)) Regulations 2009 ( S.I. No. 386 of 2009 ), referred to in these Regulations as the “Second 2009 Regulations”,
is revoked.
(2) Any action commenced under the First 2009 Regulations or the Second 2009 Regulations shall continue to be performed and shall be completed after the commencement of these Regulations as if the First 2009 Regulations or, as the case may be, the Second 2009 Regulations, had not been revoked.
Amendment of records relating to personal information permitted in 2 defined cases
4. Notwithstanding subsection (1) of section 9, an application under that section may be made to amend a record that includes personal information which is incomplete, incorrect or misleading and shall, subject to the other provisions of the Freedom of Information Act 2014 , be granted if the case either is one—
(a) to which Regulation 6 applies and, in addition, the condition specified in Regulation 7 is satisfied, or
(b) to which Regulation 8 applies.
Right of person to information regarding acts of FOI bodies affecting the person in two defined cases
5. Notwithstanding subsection (1) of section 10, an application under that section may be made where the applicant is a parent or guardian of a person referred to in that subsection and shall, subject to the other provisions of the Freedom of Information Act 2014 , be granted if the case either is one—
(a) to which Regulation 6 applies and, in addition, the condition specified in Regulation 7 is satisfied, or
(b) to which Regulation 8 applies.
First defined case
6. (1) In this Regulation a reference to the individual is a reference to, as the case may be—
(a) the individual to whom the information in the record concerned referred to in section 9(1) relates; or
(b) the person affected by an act of an FOI body, and having a material interest in a matter affected by that act or to which it relates, as referred to in section 10(1).
(2) This Regulation applies to a case in which the applicant is a parent or guardian of the individual and that individual belongs to one of the following classes of individual:
(a) individuals who, on the date of the application, have not attained full age, or
(b) individuals who have attained full age, being individuals who—
(i) at the time of the application have, or are subject to, a psychiatric condition, mental incapacity or severe physical disability, the incidence and nature of which are certified by a registered medical practitioner, and
(ii) by reason of that condition, incapacity or disability, are incapable of exercising their rights under the Freedom of Information Act 2014 .
Supplemental provision with respect to operation of first defined case
7. The condition referred to in Regulation 4(a) or 5(a), as the case may be, is that the individual specified in Regulation 6 is an individual as respects whom the granting of the application would, in the opinion of the head having regard to all the circumstances, be in the individuals best interests.
Second defined case
8. This Regulation applies to a case in which the individual (as that expression is to be construed in accordance with Regulation 6(1)) is dead and either—
(a) the applicant concerned belongs to one of the following classes:
(i) a personal representative of the individual acting in due course of administration of the individuals estate or any person acting with the consent of a personal representative so acting, or
(ii) a person on whom a function is conferred by law in relation to the individual or his or her estate acting in the course of the performance of the function, or
(b) the applicant is the spouse or the next of kin of the individual and, in the opinion of the head having regard to all the circumstances, the public interest, including the public interest in the confidentiality of personal information, would on balance be better served by granting than by refusing to grant the application.
Supplemental provisions with respect to operation of second defined case
9. For the purposes of Regulation 8:
“next of kin” means:
(a) issue,
(b) parent,
(c) brother or sister,
(d) niece or nephew, or
(e) any other person standing nearest in blood relationship to the deceased individual in accordance with section 71(2) of the Succession Act 1965 (No. 27 of 1965),
and Regulation 10 supplements this definition;
“personal representative” means a personal representative within the meaning of the Succession Act 1965 ;
“spouse” includes, in addition to a lawful spouse:
(a) a party to a marriage that has been dissolved, being a dissolution that is recognised as valid in the State, and a person who is living apart from his or her spouse pursuant to a deed of separation;
(b) a man or woman who was not married to, but cohabited as a spouse with, the deceased individual; and
(c) a civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (No. 24 of 2010).
Supplemental provision with respect to “next of kin” in Regulation 9
10. For the purposes of the definition of “next of kin” in Regulation 9:
(a) in a case in which, but for this Regulation, 2 or more paragraphs of that definition would be applicable, the paragraph of them that (alphabetically) is the first in order shall alone be regarded as being applicable; and
(b) as regards the paragraph of that definition that is applicable in the particular case, if 2 or more persons fall within that paragraph, each of them shall be regarded as next of kin of the particular individual.
Amendment of Freedom of Information Act 2014 (Section 37(8)) Regulations 2016
11. The Freedom of Information Act 2014 (Section 37(8)) Regulations 2016 ( S.I. No. 218 of 2016 ) are amended by substituting for Regulation 9 the following:
“9.For the purposes of the definition of “next of kin” in Regulation 8:
(a) in a case in which, but for this Regulation, 2 or more paragraphs of that definition would be applicable, the paragraph of them that (alphabetically) is the first in order shall alone be regarded as being applicable; and
(b) as regards the paragraph of that definition that is applicable in the particular case, if 2 or more persons fall within that paragraph, each of them shall be regarded as next of kin of the particular individual.”.
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GIVEN under my Official Seal,
10 November 2016.
PASCHAL DONOHOE,
Minister for Public Expenditure and Reform.
EXPLANATORY NOTE
(This note is not part of the Instrument and does not purport to be a legal interpretation.)
These Regulations prescribe the classes of individuals who may apply under Section 9(6), 10(6) or 37(8) of the Freedom of information Act 2014 (No. 30 of 2014) respectively for:
(1) Amendment of records containing incorrect, incomplete, or misleading information, Section 9(6) refers;
(2) Reasons for decisions and acts of a Public Body in which they have a material interest in a matter affected by the act or decision or to which it relates. Section 10(6) refers;
(3) Access to parents and guardians and the classes of requester to whom the records of deceased persons will be made available;
having regard to relevant circumstances and to guidelines published by the Minister of Public Expenditure and Reform
S.I. No. 53/2017 –
Freedom of Information Act 2014 (Sections 9(6), 10(6) and 37(8)) Regulations 2017.
Notice of the making of this Statutory Instrument was published in
“Iris Oifigiúil” of 24th February, 2017.
I, PASCHAL DONOHOE, Minister for Public Expenditure and Reform, in exercise of the powers conferred on me by sections 3 , 9 (6), 10 (6) and 37 (8) of the Freedom of Information Act 2014 (No. 30 of 2014), hereby make the following regulations:
Citation
1. These Regulations may be cited as the Freedom of Information Act 2014 (Sections 9(6), 10(6) and 37(8)) Regulations 2017.
Interpretation
2. (1) In these Regulations, the “Regulations of 2016” means the Freedom of Information Act 2014 (Sections 9(6), 10(6) and 37(8)) Regulations 2016 ( S.I. No. 558 of 2016 ).
(2) In these Regulations, a reference to a section is a reference to that section of the Freedom of Information Act 2014 (No. 30 of 2014).
Revocation
3. (1) The Regulations of 2016 are revoked but this is without prejudice to the amendment effected by Regulation 11 of them.
(2) Any action commenced under the Regulations of 2016 before the making of these Regulations and not completed before their making may be continued and completed under the corresponding provision of these Regulations.
Amendment of records relating to personal information permitted in two defined cases
4. Notwithstanding subsection (1) of section 9, an application under that section may be made to amend a record that includes personal information which is incomplete, incorrect or misleading and shall, subject to the other provisions of the Freedom of Information Act 2014 , be granted if the case either is one—
(a) to which Regulation 6 applies and, in addition, the condition specified in Regulation 7 is satisfied, or
(b) to which Regulation 8 applies.
Right of person to information regarding acts of FOI bodies affecting the person in two defined cases
5. Notwithstanding subsection (1) of section 10, an application under that section may be made, and shall, subject to the other provisions of the Freedom of Information Act 2014 , be granted if the case either is one—
(a) to which Regulation 6 applies, and in addition, the condition specified in Regulation 7 is satisfied, or
(b) to which Regulation 8 applies.
First defined case
6. (1) In this Regulation a reference to the individual is a reference to, as the case may be—
(a) the individual to whom the information in the record concerned referred to in section 9(1) relates, or
(b) the person affected by an act of an FOI body, and having a material interest in a matter affected by that act or to which it relates, as referred to in section 10(1).
(2) This Regulation applies to a case in which the applicant is a parent or guardian of the individual and that individual belongs to one of the following classes of individual:
(a) individuals who, on the date of the application, have not attained full age, or
(b) individuals who have attained full age, being individuals who—
(i) at the time of the application have, or are subject to, a psychiatric condition, mental incapacity or severe physical disability, the incidence and nature of which are certified by a registered medical practitioner, and
(ii) by reason of that condition, incapacity or disability, are incapable of exercising their rights under the Freedom of Information Act 2014 .
Supplemental provision with respect to operation of first defined case
7. The condition referred to in Regulation 4(a) or 5(a), as the case may be, is that the individual specified in Regulation 6 is an individual as respects whom the granting of the application would, in the opinion of the head having regard to all the circumstances, be in the individuals best interests.
Second defined case
8. This Regulation applies to a case in which the individual (as that expression is to be construed in accordance with Regulation 6(1)) is dead and either—
(a) the applicant concerned belongs to one of the following classes:
(i) a personal representative of the individual acting in due course of administration of the individuals estate or any person acting with the consent of a personal representative so acting, or
(ii) a person on whom a function is conferred by law in relation to the individual or his or her estate acting in the course of the performance of the function, or
(b) the applicant is the spouse or the next of kin of the individual and, in the opinion of the head having regard to all the circumstances, the public interest, including the public interest in the confidentiality of personal information, would on balance be better served by granting than by refusing to grant the application.
Supplemental provisions with respect to operation of second defined case
9. For the purposes of Regulation 8:
“next of kin” means:
(a) issue,
(b) parent,
(c) brother or sister,
(d) niece or nephew, or
(e) any other person standing nearest in blood relationship to the deceased individual in accordance with section 71 (2) of the Succession Act 1965 (No. 27 of 1965),
and Regulation 10 supplements this definition;
“personal representative” means a personal representative within the meaning of the Succession Act 1965 ;
“spouse” includes, in addition to a lawful spouse:
(a) a party to a marriage that has been dissolved, being a dissolution that is recognised as valid in the State, and a person who is living apart from his or her spouse pursuant to a deed of separation;
(b) a man or woman who was not married to, but cohabited as a spouse with, the deceased individual; and
(c) a civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (No. 24 of 2010).
Supplemental provision with respect to “next of kin” in Regulation 9
10. For the purposes of the definition of “next of kin” in Regulation 9:
(a) in a case in which, but for this Regulation, 2 or more paragraphs of that definition would be applicable, the paragraph of them that (alphabetically) is the first in order shall alone be regarded as being applicable; and
(b) as regards the paragraph of that definition that is applicable in the particular case, if 2 or more persons fall within that paragraph, each of them shall be regarded as next of kin of the particular individual.
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GIVEN under my Official Seal,
17 February 2017.
PASCHAL DONOHOE,
Minister for Public Expenditure and Reform.
EXPLANATORY NOTE
(This note is not part of the Instrument and does not purport to be a legal interpretation).
These Regulations prescribe the classes of individuals who may apply under Section 9 (6), 10 (6), 37 (8) of the Freedom of information Act 2014 (No. 30 of 2014) for;
(1) Amendment of records containing incorrect, incomplete, or misleading information, Section 9(6) refers.
(2) Reasons for decisions and acts of a Public Body in which they have a material interest in a matter affected by the act or decision or to which it relates. Section 10(6) refers.
(3) Access to parents and guardians and the classes of requester to whom the records of deceased persons will be made available having regard to relevant circumstances and to guidelines published by the Minister of Public Expenditure and Reform.