Freedom of Information Act 2014

In short

This law allows people to access information held by public bodies and other State-funded organizations, and to correct their personal information held by these bodies. It establishes a right to access records, with some necessary exceptions.

What it regulates

Access to records held by public bodies and other State-funded organizations.
The right for individuals to correct their personal information held by these bodies.
Exceptions to the right of access to records.
The process for making and reviewing Freedom of Information (FOI) requests.

Who it concerns

Members of the public who wish to obtain information.
Public bodies and other bodies receiving State funding.

Key points

The Act aims to provide the greatest possible access to information, balanced with public interest and privacy rights.
Individuals can request access to records and seek to amend personal information.
There are specific exceptions where access to records may be denied, such as for meetings of the Government, deliberations of FOI bodies, or commercially sensitive information.
The Information Commissioner is responsible for reviewing decisions made under the Act and investigating its operation.

Legal text

Freedom of Information Act 2014 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.

ie)Translations (Houses of the Oireachtas) Government Publications for Sale EU Law (EUR-Lex) FAQ Disclaimer Feedback Helpdesk Search Baile Reachtaíocht Achtanna an Oireachtais Ionstraimí Reachtúla Reachtaíocht Réamh-1922 Bunreacht Acmhainní Seachtracha Billí (Tithe an Oireachtais) Iris Oifigiúil Achtanna Athbhreithnithe (CAD) (An Coimisiún um Athchóiriú an Dlí) Liosta Rangaithe Reachtaíochta Aistriúcháin (achtanna.
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s)or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 2014 Freedom of Information Act 2014 Freedom of Information Act 2014 Permanent Page URL View by SectionAmharc de réir Ailt View Full ActAmharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Revised Act Acht Athbh… Open PDFOscail PDF Print Full ActPriontáil an tAcht Iomlán Number 30 of 2014 FREEDOM OF INFORMATION ACT 2014 CONTENTS PART 1 Preliminary and General Section 1. Citation and commencement 2. Interpretation 3. Regulations and orders 4. Expenses 5. Repeals PART 2 FOI Bodies 6. Public bodies 7. Prescribed bodies PART 3 Rights in Relation to Records Chapter 1 General rights in relation to records and decisions 8. Publication of information about FOI bodies 9. Amendment of records relating to personal information 10. Right of person to information regarding acts of FOI bodies affecting the person Chapter 2 FOI Requests 11. Access to records 12. Requests for access to records 13. Decisions on FOI requests and notification of decisions 14. Extension of time for consideration of FOI requests 15. Refusal on administrative grounds to grant FOI requests 16. Deferral of access to records 17. Manner of access to records 18. Access to parts of records 19. Decisions deemed to have been made in certain cases 20. Delegation of certain functions of heads Chapter 3 Internal Review 21. Review by heads of decisions under Chapters 1 and 2 Chapter 4 Review by Information Commissioner 22. Review by Commissioner of decisions 23. Requests for further information by Commissioner Chapter 5 Appeal to High Court 24. Appeal to High Court, etc. Chapter 6 Miscellaneous 25. Precautions by High Court and Commissioner against disclosure of certain information 26. Stay on certain decisions 27. Fees and charges PART 4 Exempt Records 28. Meetings of the Government 29. Deliberations of FOI bodies 30. Functions and negotiations of FOI bodies 31. Parliamentary, court and certain other matters 32. Law enforcement and public safety 33. Security, defence and international relations 34. Conclusiveness of certain decisions pursuant to sections 32 and 33 35. Information obtained in confidence 36. Commercially sensitive information 37. Personal information 38. Procedure in relation to certain FOI requests to which section 35, 36 or 37 applies 39. Research and natural resources 40. Financial and economic interests of the State 41. Enactments relating to non-disclosure of records PART 5 Restriction of Act 42. Restriction of Act PART 6 The Information Commissioner 43. Continuance of office of Information Commissioner 44. Review of operation of Act and investigations by Commissioner 45. Powers of Commissioner 46. Publication of commentaries by Commissioner on practical application, etc., of Act 47. Reports of Commissioner PART 7 Miscellaneous 48. Code of practice and guidelines 49. Immunity from legal proceedings 50. Amendment of Central Bank Act 1942 51. Amendment of Official Secrets Act 1963 52. Offence and penalty 53. Proceedings for offences 54. Saver 55. Transitional provisions SCHEDULE 1 PART 1 Partially Included Agencies PART 2 Exempt Agencies SCHEDULE 2 The Information Commissioner SCHEDULE 3 Enactments Excluded from Application of Section 41 PART 1 Statutes PART 2 Statutory Instruments SCHEDULE 4 Repeals PART 1 Statutes PART 2 Statutory Instruments SCHEDULE 5 Statutory Instruments Continuing in Force Acts Referred to Adoption Act 2010 (No. 21) Agriculture (Research, Training and Advice) Act 1988 (No. 18) Air Navigation and Transport (Amendment) Act 1998 (No. 24) Air Pollution Act 1987 (No. 6) An Bord Bia Act 1994 (No. 22) Arts Act 2003 (No. 24) Aviation Regulation Act 2001 (No. 1) Central Bank Act 1942 (No. 22) Central Bank and Credit Institutions (Resolution) Act 2011 (No. 27) Children Act 2001 (No. 24) Civil Law (Miscellaneous Provisions) Act 2011 (No. 23) Civil Registration Act 2004 (No. 3) Civil Service Regulation Act 1956 (No. 46) Civil Service Regulation Acts 1956 to 2005 Comhairle Act 2000 (No. 1) Commission To Inquire Into Child Abuse Act 2000 (No. 7) Commissions of Investigation Act 2004 (No. 23) Communications (Retention of Data) Act 2011 (No. 3) Communications Regulation Act 2002 (No. 20) Companies Acts Comptroller and Auditor General Acts 1923 to 1993 Consumer Protection Act 2007 (No. 19) Copyright and Related Rights Act 2000 (No. 28) Coroners Act 1962 (No. 9) Credit Reporting Act 2013 (No. 45) Criminal Justice (Location of Victims’ Remains) Act 1999 (No. 9) Criminal Justice (Surveillance) Act 2009 (No. 19) Criminal Justice (Terrorist Offences) Act 2005 (No. 2) Criminal Law (Insanity) Act 2006 (No. 11) Data Protection Act 1988 (No. 25) Data Protection Acts 1988 and 2003 Defence Act 1954 (No. 18) Dentists Act 1985 (No. 9) Digital Hub Development Agency Act 2003 (No. 23) Dublin Transport Authority Act 2008 (No. 15) Education Act 1998 (No. 51) Electricity Regulation Act 1999 (No. 23) Employment Equality Acts 1998 to 2011 Environmental Protection Agency Act 1992 (No. 7) Equal Status Acts 2000 to 2012 European Parliament Elections Act 1997 (No. 2) Exchequer and Audit Department Acts 1866 and 1921 Family Support Agency Act 2001 (No. 54) Food Safety Authority of Ireland Act 1998 (No. 29) Forestry Act 1988 (No. 26) Freedom of Information (Amendment) Act 2003 (No. 9) Freedom of Information Act 1997 (No. 13) Garda Síochána Act 2005 (No. 20) Gas (Interim) (Regulation) Act 2002 (No. 10) Gas Act 1976 (No. 30) Harbours Act 1996 (No. 11) Health (Repayment Scheme) Act 2006 (No. 17) Health Act 1947 (No. 28) Health Act 2004 (No. 42) Health Act 2007 (No. 23) Health Insurance Act 1994 (No. 16) Houses of the Oireachtas (Inquiries, Privileges and Procedures) Act 2013 (No. 33) Housing (Miscellaneous Provisions) Act 2002 (No. 9) Independent Monitoring Commission Act 2003 (No. 40) Industrial Development Act 1986 (No. 9) Industrial Development Act 1993 (No. 19) Industrial Relations Act 1946 (No. 26) Industrial Relations Act 1969 (No. 14) Industrial Relations Act 1990 (No. 19) Industrial Relations Acts 1946 to 2012 Inland Fisheries Act 2010 (No. 10) Interception of Postal Packets and Telecommunications Messages (Regulation) Act 1993 (No. 10) Interpretation Act 2005 (No. 23) Irish Aviation Authority Act 1993 (No. 29) Irish Film Board Act 1980 (No. 36) Irish Horseracing Industry Act 1994 (No. 18) Irish Medicines Board Act 1995 (No. 29) Labour Services Act 1987 (No. 15) Legal Services Ombudsman Act 2009 (No. 8) Local Authorities (Officers and Employees) Act 1926 (No. 39) Local Government Act 2001 (No. 37) Marine Institute Act 1991 (No. 2) Medical Practitioners Act 2007 (No. 25) Milk (Regulation of Supply) Act 1994 (No. 25) Ministers and Secretaries Act 1924 (No. 16) National Archives Act 1986 (No. 11) National Economic and Social Development Office Act 2006 (No. 21) National Lottery Act 1986 (No. 28) National Oil Reserves Agency Act 2007 (No. 7) National Sports Campus Development Authority Act 2006 (No. 19) National Tourism Development Authority Act 2003 (No. 10) National Treasury Management Agency (Amendment) Act 2000 (No. 39) National Treasury Management Agency Act 1990 (No. 18) Nurses and Midwives Act 2011 (No. 41) Offences Against the State Act 1939 (No. 13) Offences against the State Acts 1939 to 1998 Official Secrets Act 1963 (No. 1) Ombudsman (Defence Forces) Act 2004 (No. 36) Ombudsman Act 1980 (No. 26) Ombudsman Acts 1980 to 2012 Ombudsman for Children Act 2002 (No. 22) Ordnance Survey Ireland Act 2001 (No. 43) Organisation of Working Time Act 1997 (No. 20) Pensions (Amendment) Act 2002 ) (No. 18) Pensions Act 1990 (No. 25) Pensions Acts 1990 to 2012 Personal Insolvency Act 2012 (No. 44) Petty Sessions (Ireland) Act 1851 (4 & 5 Vict., c. 93) Postal and Telecommunications Services Act 1983 (No. 24) Prisons Acts 1826 to 2007 Public Service Management (Recruitment and Appointments) Act 2004 (No. 33) Qualifications and Quality Assurance (Education and Training) Act 2012 (No. 28) Radiological Protection Act 1991 (No. 9) Railway Safety Act 2005 (No. 31) Residential Institutions Redress Act 2002 (No. 13) Road Safety Authority Act 2006 (No. 14) Road Traffic Acts 1961 to 2014 Roads Act 1993 (No. 14) Safety, Health and Welfare at Work Act 2005 (No. 10) Sea-Fisheries and Maritime Jurisdiction Act 2006 (No. 8) Social Welfare Acts State Authorities (Public Private Partnership Arrangements) Act 2002 (No. 1) Taxes Consolidation Act 1997 (No. 39) Transport (Railway Infrastructure) Act 2001 (No. 55) Transport (Re-organisation of Córas Iompair Éireann) Act 1986 (No. 31) Tribunals of Inquiry (Evidence) Act 1921 (11 & 12 Geo. 5, c. 7) Údarás na Gaeltachta Act 1979 (No. 5) Veterinary Practice Act 2005 (No. 22) Voluntary Health Insurance (Amendment) Act 1996 (No. 4) Western Development Commission Act 1998 (No. 42) Number 30 of 2014 Freedom of Information Act 2014 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. [14 th October, 2014] Be it enacted by the Oireachtas as follows: PART 1 Preliminary and General 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 a ppoint.

(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. 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; “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. Regulations and orders 3.

(1)The Minister may— (

a)by regulations provide, subject to this Act, for any matter referred to in this Act as prescribed or to be prescribed, and (
b)in addition to any other power conferred on him or her to make regulations, make regulations generally for the purposes of, and for the purpose of giving full effect to, this Act.

(2)Orders or regulations under this Act may contain such incidental, supplementary and consequential provisions as appear to the Minister to be necessary or expedient for the purposes of the order or regulations.

(3)Subject to sections 6 and 7 , every order or regulation under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation or order is passed by either such House within the next 21 days on which that House has sat after the regulation or order is laid before it, the regulation or order shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder. Expenses

The expenses incurred by the Minister in the administration of this Act shall be paid out of moneys provided by the Oireachtas and the expenses incurred by any other Minister of the Government in the administration of this Act shall, to such extent as may be sanctioned by the Minister, be paid out of moneys provided by the Oireachtas. Repeals
The enactments specified in Schedule 4 are repealed to the extent specified in column

(3)of that Schedule. PART 2 FOI Bodies Public bodies 6.

(1)Subject to this section, each of the following shall be a public body for the purposes of this Act: (

a)a Department of State; (
b)an entity established by or under any enactment (other than the Companies Acts); (
c)any other entity established (other than under the Companies Acts) or appointed by the Government or a Minister of the Government, including an entity established (other than under the Companies Acts) by a Minister of the Government under any scheme; (
d)a company (within the meaning of the Companies Acts) a majority of the shares in which are held by or on behalf of a Minister of the Government; (
e)a subsidiary (within the meaning of the Companies Acts) of a company to which paragraph (
d)relates; (
f)an entity (other than a subsidiary to which paragraph (
e)relates) that is directly or indirectly controlled by an entity to which paragraph (b), (c), (
d)or (
e)relates; (
g)a higher education institution in receipt of public funding; (
h)notwithstanding the repeal of the Act of 1997 by section 5 , and subject to this Act, any entity that was a public body (including bodies or elements of bodies prescribed as such) within the meaning of the Act of 1997 on the enactment of this Act.

(2)(

a)An entity specified in Part 1 of Schedule 1 (“the parent entity”) shall, subject to the provisions of that Part, be a public body for the purposes of this Act. (
b)A subsidiary of a parent entity, or a body directly or indirectly controlled by a parent entity, shall be a public body for the purposes of this Act but only to the extent that the functions of the subsidiary or other body coincide with those functions of the parent entity that are subject to this Act.

(3)An entity specified in Part 2 of Schedule 1 , a subsidiary of such an entity or a body directly or indirectly controlled by such an entity shall not be a public body for the purposes of this Act.

(4)A reference in subsection

(1)(a) to a Department of State shall be construed as including a reference to a body, organisation or group specified in relation to that Department of State in the Schedule to the Ministers and Secretaries Act 1924 .

(5)(a) The Minister may, with the consent of such other (if any) Minister of the Government as the Minister considers appropriate having regard to the functions of that other Minister of the Government, and having consulted such committee of the Houses of the Oireachtas as he or she considers appropriate, having had regard to the matters specified in subsection

(6), by order declare that subsection

(1)shall not apply to any particular public body to the extent specified in the order. (b) The Minister may after consultation with such other Minister of the Government (if any) as appears to him or her to be appropriate having regard to the functions of that other Minister of the Government, having consulted such committee of the Houses of the Oireachtas as he or she considers appropriate and having regard to the matters specified in subsection

(6), by order amend or revoke an order under this subsection.

(6)The matters referred to in subsections

(5)(

a)and (
b)are the need— (
a)to ensure, in the public interest, openness regarding— (
i)the activities of public bodies and their use of public funds, (
ii)information relating to the performance of such bodies’ functions, and (iii) information on services funded by the State, and in particular (as respects those matters) to ensure accountability and the promotion of the principle of transparency in government and public affairs, (
b)to ensure that public bodies are subject to this Act to the maximum extent feasible, and (
c)to protect the public interest by restricting access to certain records.

(7)Where a dispute arises between the Commissioner and any entity as to whether subsection

(1)applies or as to the conditions arising by virtue of that subsection, the dispute shall be submitted to the Minister whose determination shall be binding on the Commissioner and the entity.

(8)The power of amendment or revocation under subsection

(5)is without prejudice to the application of section 22

(3)of the Interpretation Act 2005 to other provisions of this Act enabling the making of orders.

(9)(a) The Minister may, after consultation with the Commissioner and such committee of the Houses of the Oireachtas as he or she considers appropriate, and with the consent of such other Minister (if any) as appears to the Minister to have responsibility for that entity, and having regard to the matters referred to in subsection

(6), by order declare an entity or a subsidiary of, or a body directly or indirectly controlled by, such an entity— (

i)specified in Part 1 of Schedule 1 to be a public body on the basis of different elements of that entity’s functions from those specified in that Part, or to be exempted from the provisions of this Act, or (
ii)specified in Part 2 of Schedule 1 to be a public body. (
b)An order made under paragraph (
a)may— (
i)specify the inclusion or exclusion of elements of— (I) the entity concerned, or (II) a subsidiary of, or a body directly or indirectly controlled by, the entity concerned, and (
ii)specify a date, which shall not be a date later than 6 months from the date of such order, on which the entity, subsidiary, body, or element of a body, concerned shall become a public body.

(10)A regulated financial service provider within the meaning of section 2 of the Central Bank Act 1942 shall not be deemed to be a public body by reason of the exercise of supervisory, regulatory or resolution powers over that provider by the Central Bank of Ireland or the Minister for Finance.

(11)Where an order is proposed to be made under this section, a draft of the order shall be laid before each House of the Oireachtas and the order shall not be made until a resolution approving of the draft has been passed by each such House.

(12)Where, after the passing of this Act, a company (within the meaning of the Companies Acts), or other body, becomes a public body within the meaning of section 6

(1)(other than by virtue of an order made under subsection

(5)(b) or

(9)(a)), the obligations under this Act shall apply to that company or body, on and from a date that is not later than 6 months after it becomes a public body under this Act other than where the Minister makes an order under subsection

(5)(a) declaring that subsection

(1)shall not apply, in whole or in part, to the company or body concerned. Prescribed bodies 7.

(1)Subject to subsection

(2)and

(3), the Minister may, after consultation with the Commissioner, such other Ministers of the Government as he or she considers appropriate and such committee of the Houses of the Oireachtas as he or she considers appropriate, and having regard to the need to ensure the oversight of entities referred to in subsection

(6)and the need for such entities to adhere to the principles of transparency and accountability in government and public affairs as respects those of their activities as are relevant to subsection

(6), by order declare an entity to be a prescribed body for the purposes of this Act.

(2)The specification of an entity in an order under subsection

(1)may be expressed to be subject to the inclusion or exclusion of elements of that entity.

(3)The Minister may, after consultation with such other Minister of the Government (if any) as appears to him or her to be appropriate, having consulted such committee of the Houses of the Oireachtas as he considers appropriate and having regard to the criteria specified in subsection

(1), by order amend or revoke an order under subsection

(1).

(4)An entity standing prescribed pursuant to an order for the purposes of subsection

(1)— (

a)where elements of the entity are included therein, shall be an FOI body only in respect of those elements referred to in that order, or (
b)where elements of the entity are excluded therefrom, shall not be an FOI body in respect of elements referred to in that order.

(5)Where a dispute arises between the Commissioner and any prescribed body as to whether this Act applies to an element of that body, the dispute shall be submitted to the Minister whose determination shall be binding on the Information Commissioner and the body.

(6)The Minister may prescribe for the purposes of subsection

(1)any of the following: (

a)an entity, being— (
i)a company established under the Companies Acts in pursuance of powers conferred by or under another enactment, or (
ii)any other entity, whether financed wholly or partly, or directly or indirectly, by means of moneys provided, or loans made or guaranteed, by a Minister of the Government or the issue of shares held by or on behalf of a Minister of the Government; (
b)any other entity on which functions in relation to the general public or a class of the general public stand conferred by any enactment (but only in respect of those functions); (
c)a subsidiary (within the meaning of the Companies Acts) of, or any entity directly or indirectly controlled by, an entity referred to in this subsection; (
d)an entity (being a body corporate) that directly or indirectly controls any entity referred to in this subsection.

(7)The power of amendment or revocation under subsection

(3)is without prejudice to the application of section 22

(3)of the Interpretation Act 2005 to other provisions of this Act enabling the making of orders.

(8)Where an order is proposed to be made under this section, a draft of the order shall be laid before each House of the Oireachtas and the order shall not be made until a resolution approving of the draft has been passed by each such House.

(9)An order made under subsection

(1)may specify a date, which shall not be a date later than 6 months from the date of such order, on which the entity concerned shall become a prescribed body.

(10)(

a)Where an entity that is a prescribed body— (
i)changes its name, (
ii)merges with, takes over, or is taken over by, another entity, whether or not the merger or takeover results in the creation of a new entity, (iii) creates a subsidiary entity, (
iv)splits its functions into new entities or delegates functions to another entity, or (
v)re-organises itself such that a function previously performed by the body is performed by another entity, the entity shall continue to be a prescribed body and any other entity referred to in this paragraph shall become and be a prescribed body in respect of the functions for which the first-mentioned entity was a prescribed body and subject to any conditions prescribed or specified by this Act in that regard. (
b)Reference in this subsection to a body or entity means such a body or entity whether incorporated or unincorporated. PART 3 Rights in Relation to Records Chapter 1 General rights in relation to records and decisions Publication of information about FOI bodies 8.

(1)An FOI body shall— (

a)prepare and publish a scheme (“publication scheme”), concerning the publication of information by the body— (
i)in conformity with the model publication scheme (if any) referred to in subsection

(7), or (

ii)in accordance with any guidelines on publication schemes published by the Minister under the code referred to in section 48 , (
b)publish information in accordance with its publication scheme, and (
c)review and update its publication scheme not later than 3 years after its publication and subsequently not later than each third year thereafter.

(2)A publication scheme shall include— (

a)the classes of information that the FOI body has published or intends to publish, (
b)the terms under which it will make such information available and, where the material is not available without charge, the charge, (
c)a general description of its structure and organisation, functions, powers and duties, any services it provides for the public and the procedures by which any such services may be availed of by the public, (
d)a general description of the classes of records held by the body concerned, giving such particulars as are reasonably necessary to facilitate the exercise of the right of access, (
e)the— (
i)rules, procedures, practices, guidelines and interpretations used by the body, and (
ii)any precedents kept by the body, for the purposes of decisions, determinations or recommendations, under or for the purposes of any enactment or scheme administered by the body with respect to rights, privileges, benefits, obligations, penalties or other sanctions to which members of the public are or may be entitled or subject under the enactment or scheme, (
f)appropriate information in relation to the manner or intended manner of administration of any such enactment or scheme, referred to in paragraph (e), (
g)the names and designations of the members of the staff of the body responsible for carrying out the arrangements referred to in paragraphs (
c)and (
d)(unless the head of the body concerned reasonably believes that publication of that information could threaten the physical safety or well-being of the persons), (
h)the address or addresses at which requests under section 12 or applications under section 9 or 10 should be given, (
i)appropriate information concerning— (
i)any rights of review or appeal in respect of decisions made by the body (including rights of review and appeal under this Act), and (
ii)the procedure governing the exercise of those rights and any time limits governing such exercise, and (
j)information in relation to such other matters (if any) as may be prescribed.

(3)A publication scheme shall be published by an FOI body— (

a)not later than 6 months after the commencement of section 8 , or (
b)where, under subsection

(7), the Minister has made or revised guidelines on publication schemes or made or revised model publication schemes such that the FOI body’s publication scheme is no longer in conformity with the Minister’s guidelines or model publication scheme, not later than 6 months after such making or revision.

(4)An FOI body shall review and, where necessary, revise the material published under a publication scheme under subsection

(1)— (

a)on at least an annual basis, or (
b)where the Minister has revised a model publication scheme or guidelines under subsection

(7), not later than 6 months after the notice of such revision has been published in the Iris Oifigiúil.

(5)In preparing, reviewing or revising a publication scheme under this section, an FOI body shall have regard to the public interest— (

a)in allowing public access to information held by the FOI body, (
b)in the publication of reasons for decisions made by the FOI body, and (
c)in publishing information of relevance or interest to the general public in relation to its activities and functions generally.

(6)An FOI body shall maintain and hold a printed version of its publication scheme in its head office for inspection by members of the public during normal office hours, on not less than one day’s advance notice.

(7)The Minister may, after con sultation with the Commissioner and such other Minister of the Government as he or she considers appropriate— (

a)make or revise model publication schemes for FOI bodies to use as a basis for their own publication schemes, or (
b)make or revise guidelines on publication schemes for FOI bodies, with such variations as the Minister may think fit for the particular classes and sizes of FOI bodies.

(8)Notice of the making or the revision of a model publication scheme under subsection

(7)shall be published in Iris Oifigiúil as soon as convenient after the making or the revision thereof.

(9)Subsection

(1)or

(3)does not apply to any matter by reason of which a record in which it is included would fall to be refused as an exempt record.

(10)The Commissioner may examine and report in his or her annual report on the extent to which, in the opinion of the Commissioner, FOI bodies are in compliance with this section.

(11)(

a)Each Minister of the Government shall in accordance with the code of practice made under section 48 (if any) ensure that appropriate measures are taken by public bodies under his or her aegis, as respects training of staff, organisational arrangements and such other matters as the Minister considers appropriate (including in respect of the code of practice (if any)), for the purpose of facilitating compliance by those bodies with this Act. (
b)Notwithstanding the generality of section 3

(1)(b), the Minister may, by regulations made under that subsection, after consultation with the Commissioner and the Director of the National Archives (within the meaning of the National Archives Act 1986 ), make provision for the management and maintenance of records held by FOI bodies.

(12)In this section “published” includes published by electronic means. Amendment of records relating to personal information 9.

(1)Where personal information in a record held by an FOI body is incomplete, incorrect or misleading, the head of the body shall, on application to him or her in that behalf, in writing or in such other form as may be determined, by the individual to whom the information relates, amend the record— (

a)by altering it so as to make the information complete or correct or not misleading, as may be appropriate, (
b)by adding to the record a statement specifying the respects in which the body is satisfied that the information is incomplete, incorrect or misleading, as may be appropriate, or (
c)by deleting the information from it.

(2)An application under subsection

(1)shall, in so far as is practicable— (

a)specify the record concerned and the amendment required, and (
b)include appropriate information in support of the application.

(3)The head concerned shall, as soon as may be, but not later than 4 weeks, after the receipt by him or her of an application under subsection

(1), decide whether to grant or refuse to grant the application and shall cause notice, in writing or in such other form as may be determined, of his or her decision and, if the decision is to grant it, of the manner of such grant to be given to the person concerned.

(4)(a) If the grant of an application under subsection

(1)is refused, the head concerned shall— (

i)attach to the record concerned the application or a copy of it or, if that is not practicable, a notation indicating that the application has been made, and (
ii)include in the notification under subsection

(3)particulars of— (I) rights of review and appeal under this Act in relation to the decision to refuse to grant the application, and (II) the procedure governing the exercise of those rights and any time limits governing such exercise. (

b)Paragraph (a)(
i)does not apply in relation to a case in which the head concerned is of the opinion that the contents of the application concerned are defamatory, or the alterations or additions to the record concerned to which the application relates would be unnecessarily voluminous.

(5)Where a record is amended pursuant to this section, the FOI body concerned shall take all reasonable steps to give notice of the making of the amendment to— (

a)any person to whom access to the record was granted under this Act, and (
b)any other FOI body to whom a copy of the record was given, during the period of one year ending on the date on which the amendment was effected.

(6)Notwithstanding subsection

(1), the Minister may provide by regulations for the making of an application under that subsection— (

a)by the parent or guardian of an individual referred to in that subsection, if the individual belongs to a class specified in the regulations, or (
b)in a case where such an individual is dead, by a member of a class specified in the regulations.

(7)A head to whom a request under this section is made may refuse to grant the request if the request is, in the opinion of the head, frivolous or vexatious, or forms part of a pattern of manifestly unreasonable requests from the same requester or from different requesters who appear to have made the requests acting in concert.

(8)A head shall cause the receipt by him or her of an application under this section to be notified to the applicant in the manner specified in section 12

(2).

(9)In the case of a decision to refuse to grant an application under this section the notice under subsection

(3)in relation to the decision shall comply with section 13

(2)(d).

(10)An application under this section shall be expressed to be such an application and shall contain sufficient particulars in relation to the personal information concerned to enable the record to be identified by the taking of reasonable steps.

(11)Notwithstanding subsection

(10), where an FOI body receives either— (

a)an application which purports to be an application under this section but which is not in the proper form, or (
b)an application which does not purport to be an application under this section but which applies for the amendment of personal information to which amendment can be effected only by way of an application under this section, the head shall assist, or offer to assist, the individual in the preparation of an application under this section. Right of person to information regarding acts of FOI bodies affecting the person 10.

(1)The head of an FOI body shall, on application to him or her in that behalf, in writing or in such other form as may be determined, by a person who is affected by an act of the body and has a material interest in a matter affected by the act or to which it relates, not later than 4 weeks after the receipt of the application, cause a statement, in writing or in such other form as may be determined, to be given to the person— (a) of the reasons for the act, and (b) of any findings on any material issues of fact made for the purposes of the act.

(2)Nothing in this section shall be construed as requiring— (

a)the giving to a person of information contained in a record which would fall to be refused as an exempt record, or (
b)the disclosure of the existence or non-existence of a record if the non-disclosure of its existence or non-existence is required by this Act.

(3)Subsection

(1)shall not apply to— (a) a decision of the Public Appointments Service or other licence holder concerned under section 24

(8)of the Public Service Management (Recruitment and Appointments) Act 2004 , not to accept a person as qualified for a position referred to in that section, or (b) a decision of the Chief Executive of the Public Appointments Service made by virtue of section 7 of the Local Authorities (Officers and Employees) Act 1926 , not to recommend a person to a local authority for appointment to an office referred to in that section, if, in the opinion of the head concerned, the giving of a statement under subsection

(1)in relation to the decision would be likely to prejudice the effectiveness of the process for selecting a person for appointment to the position or office.

(4)If, pursuant to subsection

(2)or

(3), the head of an FOI body decides not to cause a statement to be given under subsection

(1)to a person, the head shall, not later than 4 weeks after the receipt of the application concerned under subsection

(1), cause notice, in writing or in such other form as may be determined, of the decision to be given to the person.

(5)For the purposes of this section a person has a material interest in a matter affected by an act of an FOI body or to which such an act relates if the consequence or effect of the act may be to confer on, or withhold from, the person a benefit without also conferring it on or withholding it from persons in general or a class of persons which is of significant size having regard to all the circumstances and of which the person is a member.

(6)Notwithstanding subsection

(1), the Minister may provide by regulations for the making of an application under that subsection— (

a)by the parent or guardian of a person referred to in that subsection if the person belongs to a class specified in the regulations, or (
b)in a case where such a person is dead, by a member of a class specified in the regulations.

(7)A head to whom a request is made under this section may refuse to grant the request if the request is, in the opinion of the head, frivolous or vexatious, or forms part of a pattern of manifestly unreasonable requests from the same requester or from different requesters who, in the opinion of the head, appear to have made the requests acting in concert.

(8)A head shall cause the receipt by him or her of an application under this section to be notified to the applicant in the manner specified in section 12

(2).

(9)In the case of a decision to refuse to grant an application under this section the notice under subsection

(4)in relation to the decision shall comply with section 13

(2)(d).

(10)An application under this section shall be expressed to be such an application.

(11)Notwithstanding subsection

(10), where an FOI body receives either— (

a)an application which purports to be an application under this section but which is not in the proper form, or (
b)an application which does not purport to be an application under this section but which applies for the information access to which can be obtained only by way of an application under this section, the head shall assist, or offer to assist, the individual in the preparation of an application under this section.

(12)(

a)An application under this section shall be made within 12 months after the date on which the person who is affected by the act becomes aware of it. (
b)Notwithstanding paragraph (a), where the particular circumstances warrant it, the head may accept an application outside the time limit specified in that paragraph.

(13)In this section— “act”, in relation to an FOI body, includes a decision (other than a decision under this Act) of the body; “act of an FOI body” means any act taken on or after the effective date by the FOI body concerned; “benefit”, in relation to a person, includes— (

a)any advantage to the person, (
b)in respect of an act of an FOI body done at the request of the person, any consequence or effect thereof relating to the person, and (
c)the avoidance of a loss, liability, penalty, forfeiture, punishment or other disadvantage affecting the person. Chapter 2 FOI Requests Access to records 11.

(1)Subject to this Act, every person has a right to and shall, on request therefor, be offered access to any record held by an FOI body and the right so conferred is referred to in this Act as the right of access.

(2)An FOI body shall give reasonable assistance to a person who is seeking a record under this Act— (

a)in relation to the making of the FOI request for access to the record, and (
b)if the person has a disability, so as to facilitate the exercise by the person of his or her rights under this Act.

(3)An FOI body, in performing any function under this Act, shall have regard to— (

a)the need to achieve greater openness in the activities of FOI bodies and to promote adherence by them to the principle of transparency in government and public affairs, (
b)the need to strengthen the accountability and improve the quality of decision- making of FOI bodies, and (
c)the need to inform scrutiny, discussion, comment and review by the public of the activities of FOI bodies and facilitate more effective participation by the public in consultations relating to the role, responsibilities and performance of FOI bodies.

(4)The records referred to in subsection

(1)are— (

a)records created on or after the effective date, and (
b)(
i)records created during such period (if any), or after such time (if any), before that date, and (
ii)records created before such date and relating to such particular matters (if any), and (iii) records created during such period (if any) and relating to such particular matters (if any), as may be prescribed, after consultation with such Ministers of the Government as the Minister considers appropriate.

(5)Notwithstanding subsections

(1)and

(4)but subject to subsection

(6), where— (

a)access to records created before the effective date is necessary or expedient in order to understand records created after such date, or (
b)records created before the effective date relate to personal information about the person seeking access to them, subsection

(1)shall be construed as conferring the right of access in respect of those records.

(6)Subsection

(4)shall not be construed as applying, in relation to an individual who is a member of the staff of an FOI body, the right of access to a record held by an FOI body that— (

a)is a personnel record, that is to say, a record relating wholly or mainly to one or more of the following, that is to say, the competence or ability of the individual in his or her capacity as a member of the staff of an FOI body or his or her employment or employment history or an evaluation of the performance of his or her functions generally or a particular such function as such member, (
b)was created more than 3 years before the effective date by the FOI body concerned, and (
c)is not being used or proposed to be used in a manner or for a purpose that affects, or will or may affect, adversely the interests of the person.

(7)Nothing in this section shall be construed as applying the right of access to an exempt record— (

a)where the exemption is mandatory, or (
b)where the exemption operates by virtue of the exercise of a discretion that requires the weighing of the public interest, if the factors in favour of refusal outweigh those in favour of release.

(8)Nothing in this Act shall be construed as prohibiting or restricting an FOI body from publishing or giving access to a record (including an exempt record) otherwise than under this Act where such publication or giving of access is not prohibited by law.

(9)A record in the possession of a service provider shall, if and in so far as it relates to the service, be deemed for the purposes of this Act to be held by the FOI body, and there shall be deemed to be included in the contract for the service a provision that the service provider shall, if so requested by the FOI body for the purposes of this Act, give the record to the FOI body for retention by it for such period as is reasonable in the particular circumstances.

(10)If a person who is or was providing a service for a public body under a contract for the service is a public body specified in Part 2 of Schedule 1, but immediately prior to the enactment of this Act was not a public body to which the Act of 1997 applied, subsection

(9)shall not apply to records held by that public body in respect of the contract for service it provides for the other public body until 6 months after the date of such enactment.

(11)Where an FOI request would fall to be granted by virtue of subsection

(9)but for the fact that it relates to a record that contains, with the matter relating to the service concerned, other matter, the head of the FOI body concerned shall, if it is practicable to do so, prepare a copy, in such form as he or she considers appropriate of so much of the record as does not consist of the other matter aforesaid and the request shall be granted by offering the requester access to the copy. Requests for access to records 12.

(1)A person who wishes to exercise the right of access shall make a request, in writing or in such other form as may be determined, addressed to the head of the FOI body concerned for access to the record concerned— (

a)stating that the request is made under this Act, (
b)containing sufficient particulars in relation to the information concerned to enable the record to be identified by the taking of reasonable steps, and (
c)if the person requires such access to be given in a particular form or manner (being a form or manner referred to in section 17 ), specifying the form or manner of access.

(2)The head shall cause the receipt by him or her of a request under subsection

(1)to be notified, in writing or in such other form as may be determined, to the requester concerned as soon as may be but not later than 2 weeks after such receipt, and the notification shall include a summary of the provisions of section 19 and particulars of the rights of review under this Act, the procedure governing the exercise of those rights, and the time limits governing such exercise, in a case to which that section applies.

(3)Where a request under this section is received by the head of an FOI body (“head”) and the record or records concerned are not held by the body (“the first-mentioned body”) but, to the knowledge of the head, are held by one or more other FOI bodies, the head shall, as soon as may be, but not more than 2 weeks, after the receipt of the request, cause a copy of the request to be given to the head of the other body or, as the case may be, to the head of that one of the other bodies— (

a)whose functions are, in the opinion of the head, most closely related to the subject matter of the records concerned, or (
b)that, in the opinion of the head, is otherwise most appropriate, and inform the requester concerned, by notice in writing or in such other form as may be determined, of his or her having done so and thereupon— (
i)the head to whom the copy aforesaid is furnished shall be deemed, for the purposes of this Act, to have received the request under this section and to have received it at the time of the receipt by him or her of the copy, and (
ii)the head shall be deemed, for the purposes of this Act, not to have received the request.

(4)Where a request under this section relating to more than one record is received by the head of an FOI body (“the first-mentioned body”) and one or more than one (but not all) of the records concerned is or are held by the body, the head shall inform the requester concerned, by notice in writing or in such other form as may be determined, of the names of any other FOI body that, to his or her knowledge, holds any of the records.

(5)A person shall be deemed to have the knowledge referred to in subsections

(3)and

(4)if, by the taking of reasonable steps, he or she could obtain that knowledge.

(6)Where— (

a)a person makes a request for information, or a request for access to a record, to an FOI body or to a head or a director, or member of the staff, of an FOI body, other than under and in accordance with this Act, and (
b)it is not or may not be possible to give the information, or make available the record, other than pursuant to an FOI request in relation to it under and in accordance with this section, the head shall, if appropriate, cause the person to be informed of the right of access and shall assist, or offer to assist, the person in the preparation of such a request.

(7)Where a person makes a request under this section, the FOI body may, having examined the request, advise the requester in writing or such other form as may be determined whether the records concerned may be accessed under— (

a)the European Communities (Re-use of Public Sector Information) Regulations 2005 ( S.I. No. 279 of 2005 ), or (
b)the European Communities (Access to Information on the Environment) Regulations 2007 ( S.I. No. 133 of 2007 ), instead of under this Act.

(8)A person who makes a request under subsection

(1)may, at any time before the making of a decision under section 13

(1)in relation to the request, by notice in writing or in such other form as may be determined, given to the head concerned, withdraw the request and the head concerned shall cause notice of the withdrawal to be given to any other person to whom, in the opinion of the head, it should be given. Decisions on FOI requests and notification of decisions 13.

(1)Subject to this Act, a head shall, as soon as may be, but not later than 4 weeks, after the receipt of an FOI request— (

a)decide whether to grant or refuse to grant the request or to grant it in part, (
b)if he or she decides to grant the request, whether wholly or in part, determine the form and manner in which the right of access will be exercised, and (
c)cause notice, in writing or in such other form as may be determined, of the decision and determination to be given to the requester concerned.

(2)A notice under subsection

(1)shall specify— (

a)the decision under that subsection and the day on which it was made, (
b)unless the head concerned reasonably believes that their disclosure could prejudice the safety or well-being of the person concerned, the name and designation of the person in the FOI body concerned who is dealing with the request, (
c)if the request aforesaid is granted, whether wholly or in part— (
i)the day on which, and the form and manner in which, access to the record concerned will be offered to the requester concerned and the period during which the record will be kept available for the purpose of such access, and (
ii)the amount of any fee under section 27 payable by the requester in respect of the grant of the request, (
d)if the request aforesaid is refused, whether wholly or in part— (
i)the reasons for the refusal, and (
ii)unless the refusal is pursuant to section 28

(5), 31

(4), 32

(2), 33

(4), 35

(4), 36

(4)or 37

(6), any provision of this Act pursuant to which the request is refused and the findings on any material issues relevant to the decision and particulars of any matter relating to the public interest taken into consideration for the purposes of the decision, (

e)if the giving of access to the record is deferred und er section 16 , the reasons for the deferral and the period of the deferral, and (
f)particulars of rights of review and appeal under this Act in relation to the decision under subsection

(1)and any other decision referred to in the notice, the procedure governing the exercise of those rights and the time limits governing such exercise.

(3)Subject to this Act, where a request is granted under subsection

(1)— (

a)if— (
i)a fee is not charged under section 27 in respect of the matter, (
ii)a deposit under that section has been paid and a fee under that section is charged and the amount of the deposit equals or exceeds the amount of the fee, or (iii) such a deposit has been paid but such a fee is not charged, access to the record concerned shall be offered to the requester concerned forthwith and the record shall be kept available for the purpose of such access for a period of 4 weeks thereafter, and (
b)if a fee is so charged, access to the record concerned shall be offered to the requester concerned as soon as may be, but not more than one week, after the day on which the fee is received by the FOI body concerned, and the record shall be kept available for the purpose of such access until— (
i)the expiration of the period of 4 weeks from such receipt, or (
ii)the expiration of the period of 8 weeks from the receipt by the requester concerned of the notice under subsection

(1)concerned, whichever is the earlier.

(4)Subject to this Act, in deciding whether to grant or refuse to grant an FOI request— (

a)any reason that the requester gives for the request, and (
b)any belief or opinion of the head as to what are the reasons of the requester for the request, shall be disregarded.

(5)This section shall not be construed as requiring the inclusion in a notice under subsection

(1)of matter that, if it were included in a record, would cause the record to be an exempt record.

(6)References in this section to the grant of an FOI request include references to such a grant pursuant to section 18 . Extension of time for consideration of FOI requests 14.

(1)The head may, as respects an FOI request received by him or he r (the “specified request”), extend the period specified in section 13

(1)for consideration of the request by such period as he or she considers necessary but not exceeding a period of 4 weeks if, in the opinion of the head— (

a)the request relates to such number of records, or (
b)the number of other FOI requests relating either to the record or records to which the specified request relates or to information corresponding to that to which the specified request relates or to both that have been made to the FOI body concerned before the specified request was made to it and in relation to which a decision under section 13 has not been made is such, that compliance with that subsection within the period specified therein is not reasonably possible.

(2)Where a period is extended under this section, 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.

(3)The reference in section 13

(1)to 4 weeks shall be construed in accordance with any extension under this section of that period. Refusal on administrative grounds to grant FOI requests 15.

(1)A head to whom an FOI request is made may refuse to grant the request where— (

a)the record concerned does not exist or cannot be found after all reasonable steps to ascertain its whereabouts have been taken, (
b)the FOI request does not comply with section 12

(1)(b), (

c)in the opinion of the head, granting the request would, by reason of the number or nature of the records concerned or the nature of the information concerned, require the retrieval and examination of such number of records or an examination of such kind of the records concerned as to cause a substantial and unreasonable interference with or disruption of work (including disruption of work in a particular functional area) of the FOI body concerned, (
d)the information is already in the public domain, (
e)publication of the record is required by law and is intended to be effected not later than 12 weeks after the receipt of the request by the head, (
f)the FOI body intends to publish the record and such publication is intended to be effected not later than 6 weeks after the receipt of the request by the head, (
g)the request is, in the opinion of the head, frivolous or vexatious or forms part of a pattern of manifestly unreasonable requests from the same requester or from different requesters who, in the opinion of the head, appear to have made the requests acting in concert, (
h)a fee or deposit payable under section 27 in respect of the request concerned or in respect of a previous request by the same requester has not been paid, or (
i)the request relates to records already released, either to the same or a previous requester where— (
i)the records are available to the requester concerned, or (
ii)it appears to the head concerned that that requester is acting in concert with a previous requester.

(2)Subject to subsection

(3), a head may refuse to grant— (

a)a record that is available for inspection by members of the public whether upon payment or free of charge, or (
b)a record a copy of which is available for purchase or removal free of charge by members of the public, whether by virtue of an enactment (other than this Act) or otherwise.

(3)A record shall not be within subsection

(2)by reason only of the fact that it contains information constituting personal data to which the Data Protection Acts 1988 and 2003 apply.

(4)A head shall not refuse, pursuant to paragraph (b) or (c) of subsection

(1), to grant an FOI request unless he or she has assisted, or offered to assist, the requester concerned in an endeavour so as to amend the request for re-submission such that it no longer falls within those paragraphs. Deferral of access to records 16.

(1)Where an FOI request is made, and— (

a)the record concerned was prepared solely for the information of either or both of the Houses of the Oireachtas or a committee of either or both of such Houses and copies of the record are intended to be laid before either or both of such Houses or given to such a committee or otherwise published to members of either or both of such Houses or such a committee on a day falling within a reasonable period after the receipt by the head concerned of the request (the “specified day”), or (
b)information contained in the record concerned falls within paragraph (b), (
d)or (
e)of section 29

(2)and the giving of access to the record on or before a particular day (the “specified day”) would, in the opinion of the head concerned, be contrary to the public interest, or (c) the record concerned is held by a Department of State and the Minister of the Government in whom functions in relation to that Department are vested considers that the record or part thereof or any matter to which it relates is of such interest to the public generally that he or she intends to inform either or both of the Houses of the Oireachtas of the contents of the record or part or of the matter or otherwise to publish the contents of the record or part or information relating to the matter on a day not later than one week after the appropriate time specified in section 13

(3)(the “specified day”), the head concerned may defer the offering of access to the record to the requester concerned until the day immediately after the specified day.

(2)Section 13

(3)shall be construed and have effect in relation to a case in which the offering of access to a record is deferred under this section as if— (

a)paragraph (
a)thereof required access to the record to be offered to the requester concerned forthwith upon the expiration of the period of the deferral and the record to be kept available for the purpose of such access for a period of 4 weeks thereafter, and (
b)paragraph (
b)thereof required access to the record to be offered to the requester as soon as may be, but not more than one week, after— (
i)the expiration of the period of the deferral, or (
ii)the day on which the fee under section 27 concerned is received by the FOI body concerned, whichever is the later and the record to be kept available for the purpose of such access until— (I) the expiration of the period of 4 weeks from such receipt, or (II) the expiration of the period of 4 weeks from the expiration of the period of the deferral, whichever is the later. Manner of access to records 17.

(1)A head may give access under this Act to a record by providing the requester— (

a)with a copy of the record, (
b)with a transcript of the information concerned, (
c)where available in such form and subject to subsection

(2), with a searchable electronic version of the record, (

d)with a reasonable opportunity to inspect the record, (
e)in case the record is of sound or visual images, with a reasonable opportunity to hear or view the record, (
f)in case the information is in shorthand or other code, with the information unencoded in written form or such other form as may be determined, (
g)with the information in such other form or manner as may be determined, or (
h)with the information in a combination of any 2 or more of the foregoing.

(2)Where a head decides to grant an FOI request and the request is for access in a particular form or manner to a record, such access shall be given in that form or manner unless the head concerned is satisfied— (a) that such access in another form or manner specified in or determined under subsection

(1)would be significantly more efficient, or (

b)that the giving of access in the form or manner requested would— (
i)be physically detrimental to the record, (
ii)involve an infringement of copyright (other than copyright owned by the State, the Government or the FOI body concerned), (iii) conflict with a legal duty or obligation of an FOI body, or (
iv)prejudice, impair or damage any interest protected by Part 4 or 5.

(3)Where a head decides to grant an FOI request but not to give access to the record concerned in the form or manner specified in the request, he or she shall give such access— (a) if the case is one to which paragraph (a) of subsection

(2)applies, in the appropriate form or manner having regard to that paragraph, and (

b)if the case is one to which paragraph (
b)of that subsection applies, in such other form or manner specified in or determined under subsection

(1)as may be agreed by the head and the requester or, if those persons are unable to agree upon such a form, in such form specified in subsection

(1)as the head considers appropriate.

(4)Where an FOI request relates to data contained in more than one record held on an electronic device by the FOI body concerned— (

a)subject to paragraph (b), the FOI body shall take reasonable steps to search for and extract the records to which the request relates, being steps that involve the use of any facility for electronic search or extraction that existed on the date of the request and was used by the FOI body in the ordinary course, and (
b)if the reasonable steps referred to in paragraph (
a)result in the creation of a new record, that record shall, for the purposes of considering whether or not such new record should be disclosed in response to the request, be deemed to have been created on the date of receipt of the FOI request. Access to parts of records 18.

(1)Where an FOI request would fall to be granted but for the fact that it relates to a record that is an exempt record, by reason of the inclusion in it, with other matter, of particular matter, the head of the FOI body concerned, shall, if it is practicable to do so, prepare a copy, in such form as he or she considers appropriate, of so much of the record as does not consist of the particular matter aforesaid and the request shall be granted by offering the requester access to the copy.

(2)Subsection

(1)shall not apply in relation to a record if the copy provided for thereby would be misleading.

(3)Where a requester is offered access to a copy of part of a record under this section, then (unless the record is one to which section 28

(5), 31

(4), 32

(2), 33

(4), 35

(4), 36

(4)or 37

(6)applies), the notice under section 13

(1)concerned shall specify that such access is offered pursuant to this section and that the copy does not purport to be a copy of the complete record to which the FOI request relates and shall also specify the nature of the matter contained in the record by virtue of which subsection

(1)applies to the record. Decisions deemed to have been made in certain cases 19.

(1)Where notice of a decision under section 9 or 13 is not given to the requester concerned or to the person who made the application concerned under section 9 before the expiration of the period specified for that purpose in section 9 or 13 , as the case may be, a decision refusing to grant the FOI request or the application under section 9 shall be deemed for the purposes of this Act to have been made upon such expiration and to have been made by a person to whom the relevant functions stood delegated under section 20 .

(2)Where notice of a decision under section 21 is not given to the person who made the application concerned under that section before the expiration of the period specified in subsection

(4)thereof, a decision affirming the decision to which the application relates shall be deemed for the purposes of this Act to have been made upon such expiration.

(3)Where a statement under subsection

(1)of section 10 , or notice of a decision under subsection

(4)of that section, is not given to the person who made the application under the said subsection

(1)concerned before the expiration of the period specified for that purpose in the said subsection

(1)or

(4), as the case may be, a decision refusing to grant the application shall be deemed for the purposes of this Act to have been made upon such expiration and to have been made by a person to whom the relevant functions stood delegated under section 20 . Delegation of certain functions of heads 20.

(1)A head may delegate in writing to a member of the staff of the FOI body concerned any of the functions of the head under this Act (other than this section and section 34 ).

(2)A delegation under subsection

(1)(“delegation”) may— (

a)relate to functions generally or specified functions or be in respect of records generally or specified classes of records or specified records, and (
b)be to a specified member or specified members of the staff of the FOI body concerned or to such members who are of a specified rank or grade or of a rank or grade not lower than a specified rank or grade, and may delegate different functions or classes of function to different such members or classes of members.

(3)A delegation may be revoked in whole or in part or amended in writing by the head for the time being of the FOI body concerned.

(4)A delegation shall operate, so long as it continues in force, to confer on and vest in the person concerned the function or functions delegated by the delegation.

(5)References in this Act to a head shall be construed, where appropriate having regard to the context and any delegation under this section, as including references to any person to whom functions stand delegated by the delegation. Chapter 3 Internal Review Review by heads of decisions under Chapters 1 and 2 21.

(1)This section applies to a decision made pursuant to this Act by a person to whom the function concerned stood delegated at the time of the making of the decision, being— (

a)a decision to refuse to grant an FOI request, whether wholly or in part, (other than a request to which section 38 applies) (a “request”) in relation to the record concerned, (
b)a decision under section 9 to refuse to amend a record, (
c)a decision under section 10 in relation to the contents of a statement furnished under subsection

(1)of that section or to refuse an application under that subsection, (

d)a decision under section 16 to defer the offering of access to a record falling within paragraph (
a)of subsection

(1)of that section, (

e)a decision under section 17 to grant a request by giving access to the record concerned in a form other than that specified in the request, (
f)a decision under section 18 to gran t an FOI request by offering the requester concerned access to a copy of part only of the record concerned, or (
g)a decision to charge a fee or deposit, or a fee or deposit of a particular amount, under section 27 .

(2)Subject to this section, the head of the FOI body concerned, on application to him or her in that behalf, in writing or in such other form as may be determined, by a relevant person— (

a)may review a decision to which this section applies, and (
b)following the review, may, as he or she considers appropriate— (
i)affirm or vary the decision, or (
ii)annul the decision and, if appropriate, make such decision in relation to the matter as he or she considers proper, in accordance with this Act.

(3)A person to whom a function under this section stands delegated under section 20 shall not perform that function in relation to a decision to which this section applies that was made by a member of the staff of the FOI body concerned whose rank is the same as or higher than that of the person aforesaid.

(4)A decision under subsection

(2)shall be made, and the head concerned shall cause notice thereof, in writing or in such other form as may be determined, to be given to the relevant person and any other person whom he or she considers should be notified thereof, not later than 3 weeks after the receipt by the head of the application for the review under that subsection concerned.

(5)A notice under subsection

(4)shall specify— (

a)the day on which the decision concerned under that subsection was made, (
b)if the decision is to grant, in whole or in part, the FOI request concerned, the information referred to in section 13

(2)(c), (

c)if the decision is to refuse to grant, wholly or in part, the request aforesaid, the information specified in subparagraph (
i)of paragraph (
d)of section 13

(2)and, if the refusal is not pursuant to section 15

(1)(c), 28

(5), 31

(4), 32

(2), 33

(4), 35

(4), 36

(4)or 37

(6), the information specified in subparagraph (

ii)of that paragraph, (
d)if the decision is to defer the giving of access to the record concerned, the reasons for the deferral and the period of the deferral, (
e)if the decision is a decision referred to in paragraph (b), (c), (e), (
f)or (g)of subsection

(1), the reasons for the decision, and (f) particulars of the rights of review and appeal under this Act in relation to the decision, the procedure governing the exercise of those rights and the time limits governing such exercise.

(6)This section shall not be construed as requiring the inclusion in a notice under subsection

(4)of matter that, if it were included in a record, would cause the record to be an exempt record.

(7)An application for a review under subsection

(2)shall be made not later than 4 weeks after the notification under this Act of the decision concerned to the relevant person concerned or, in a case in which the head concerned is of the opinion that there are reasonable grounds for extending that period, the expiration of such longer period as he or she may determine.

(8)The relevant person concerned may, at any time before the making of a decision under subsection

(2)following the review concerned, by notice in writing or in such other form as may be determined, given to the head concerned, withdraw the application concerned under that subsection and the head concerned shall cause a copy of any notice given to him or her under this subsection to be given to any other person to whom, in the opinion of the head, it should be given.

(9)Subsection

(3)of section 13 shall apply in relation to a case where a decision under subsection

(2)is to grant an FOI request or to annul or vary a deferral under section 16 with the modification that the reference in the said subsection

(3)to the grant of a request under subsection

(1)of section 13 shall be construed as a reference to the making of the decision under subsection

(2).

(10)Subject to this Act, a decision under subsection

(2)shall— (

a)insofar as it is inconsistent with the decision to which this section applies, have effect in lieu thereof, and (
b)be binding on the parties concerned.

(11)In this section “relevant person”, in relation to a decision to which this section applies, means— (

a)the requester concerned, or (
b)if the decision is made under section 9 or 10 , the person who made the application concerned. Chapter 4 Review by Information Commissioner Review by Commissioner of decisions 22.

(1)This section applies to— (

a)a decision to refuse to grant an FOI request on the ground that, by virtue of section 42 , this Act does not apply to the record concerned, (
b)a decision under section 21 , other than a decision referred to in paragraph (d), (
c)a decision specified in any of paragraph (a)to (
f)of section 21

(1), (

d)a decision under section 21 , or a decision under section 27 , that a fee or deposit exceeding €10 or such other amount (if any) as may stand prescribed for the time being should be charged under section 27 , (
e)a decision under section 14 to extend the time for the consideration of an FOI request, (
f)a decision under section 16 to defer the giving of access to a record falling within paragraph (
b)or (
c)of subsection

(1)of that section, (

g)a decision on a request to which section 38 applies, but excluding— (
i)a decision aforesaid made by the Commissioner in respect of a record held by the Commissioner or (in a case where the same person holds the office of Ombudsman and the office of Commissioner) made by the Ombudsman in respect of a record held by the Ombudsman, and (
ii)a decision referred to in paragraph (c), and a decision under section 27 referred to in paragraph (d), made by a person to whom the function concerned stood delegated under section 20 at the time of the making of the decision.

(2)Subject to this Act, the Commissioner may, on application to him or her in that behalf, in writing or in such other form as may be determined, by a relevant person— (

a)review a decision to which this section applies, and (
b)following the review, may, as he or she considers appropriate— (
i)affirm or vary the decision, or (
ii)annul the decision and, if appropriate, make such decision in relation to the matter concerned as he or she considers proper, in accordance with this Act.

(3)A decision under subsection

(2)shall be made as soon as may be and, insofar as practicable, not later than 4 months after the receipt by the Commissioner of the application for the review concerned.

(4)An application under subsection

(2)shall be made— (

a)if it relates to a decision specified in paragraph (
e)or (
g)of subsection

(1), not later than 2 weeks after the notification of the decision to the relevant person concerned or, in a case in which the Commissioner is of the opinion that there are reasonable grounds for extending that period, the expiration of an additional period of such length as he or she may determine, and (b) if it relates to any other decision specified in that subsection, not later than 6 months after the notification of the decision to the relevant person concerned or, in a case in which the Commissioner is of the opinion that there are reasonable grounds for extending that period, the expiration of such longer period as he or she may determine.

(5)A person who makes an application under subsection

(2)may, by notice given in writing, orally or by electronic means, to the Commissioner, at any time before a notice under subsection

(10)in relation to the application is given to the person, withdraw the application, and the Commissioner shall cause a copy of any notice given to him or her under this subsection to be given to the relevant person, or the head, concerned, as may be appropriate, and any other person to whom, in the opinion of the Commissioner, it should be given, or (in the case of an oral withdrawal) cause such appropriate persons to be notified of the withdrawal.

(6)(a) As soon as may be after the receipt by the Commissioner of an application under subsection

(2), the Commissioner shall cause a copy of the application to be given to the head concerned, and, as may be appropriate, to the relevant person concerned and, if the Commissioner proposes to review the decision concerned, he or she shall cause the head and the relevant person and any other person who, in the opinion of the Commissioner, should be notified of the proposal to be so notified and, thereupon, the head shall give to the Commissioner particulars, in writing or in such other form as may be determined, of any persons whom he or she has or, in the case of a refusal to grant a request to which section 38 applies, would, if he or she had intended to grant the FOI request concerned, have notified of the request. (b) The Commissioner may, at his or her discretion, remove any personal or confidential information which was not intended for circulation to the FOI body concerned from the application under this section when causing a copy of the application to be forwarded to the FOI body.

(7)(a) Where an application under subsection

(2)is made, the Commissioner may at any time endeavour to effect a settlement between the parties concerned of the matter concerned and may for that purpose, notwithstanding subsection

(3), suspend, for such period as may be agreed with the parties concerned and, if appropriate, discontinue, the review concerned. (b) In determining whether to suspend a review under this section, the Commissioner shall act in accordance with his or her own discretion.

(8)In relation to a proposed review under this section, the head, and the relevant person concerned and any other person who is notified under subsection

(6)of the review may make submissions (as the Commissioner may determine, in writing or orally or in such other form as may be determined) to the Commissioner in relation to any matter relevant to the review and the Commissioner shall take any such submissions into account for the purposes of the review.

(9)(a) The Commissioner may refuse to accept an application under subsection

(2)or may discontinue a review under this section if he or she is or becomes of the opinion that— (

i)the application aforesaid or the application to which the review relates (the “application”) is frivolous or vexatious, (
ii)the application does not relate to a decision specified in subsection

(1), (iii) the matter to which the application relates is, has been or will be, the subject of another review under this section, (

iv)the applicant has failed to provide the Commissioner with sufficient information or particulars, or otherwise has failed to co-operate with the Commissioner in the conduct of a review, (
v)there is no longer any issue requiring adjudication, as access to the records in question has been granted by the FOI body in the course of the review, (
vi)the application forms part of a pattern of manifestly unreasonable requests from the same requester or from different requesters who, in the opinion of the Commissioner, appear to have made the requests acting in concert, or (vii) accepting the application would, by reason of the number or nature of the records concerned or the nature of the information concerned, require the examination of such number of records or an examination of such kind of the records concerned as to cause a substantial and unreasonable interference with or disruption of work of his or her Office. (
b)In determining whether to refuse to accept an application under subsection

(2)or to discontinue a review under this section, the Commissioner shall, subject to this Act, act in accordance with his or her own discretion.

(10)Notice, in writing or in such other form as may be determined, of a decision under subsection

(2)(b), or of a refusal or discontinuation under subsection

(9), and the reasons therefor, shall be given by the Commissioner to— (

a)the head concerned, (
b)the relevant person concerned, and (
c)any other person to whom, in the opinion of the Commissioner, such notice should be given.

(11)(a) The notice referred to in subsection

(10)shall be given as soon as may be after the decision, refusal or discontinuation concerned and, if it relates to a decision under subsection

(2), in so far as practicable, within the period specified in subsection

(3). (b) The report of the Commissioner for any year under section 47 shall specify the number of cases (if any) in that year in which a notice referred to in subsection

(10)in relation to a decision under subsection

(2)(b) was not given to a person specified in subsection

(10)within the appropriate period specified in paragraph (a).

(12)In a review under this section— (a) a decision to grant a request to which section 38 applies shall be presumed to have been justified unless the person concerned to whom subsection

(2)of that section applies shows to the satisfaction of the Commissioner that the decision was not justified, and (b) a decision to refuse to grant an FOI request shall be presumed not to have been justified unless the head concerned shows to the satisfaction of the Commissioner that the decision was justified.

(13)A decision of the Commissioner following a review under this section shall, where appropriate, specify the period within which effect shall be given to the decision and, in fixing such a period, the Commissioner shall have regard to the desirability, subject to section 26 , of giving effect to such a decision as soon as may be after compliance in relation thereto with subsection

(11).

(14)Subject to this Act, a decision under subsection

(2)shall— (

a)insofar as it is inconsistent with the decision to which this section applies, have effect in lieu thereof, and (
b)be binding on the parties concerned.

(15)Nothing in this Act shall prevent the Commissioner in a review under this section from taking into account that the record concerned— (

a)has lost its confidentiality, (
b)is no longer commercially sensitive, or (
c)is personal information relating to an individual other than the requester.

(16)In this section “relevant person”, in relation to a decision specified in subsection

(1), means— (a) the requester concerned and, if the decision is in respect of a request to which section 38 relates, a person to whom subsection

(2)of that section applies, or (b) if the decision is under section 9 or 10 , the person who made the application concerned under that section. Requests for further information by Commissioner 23.

(1)Where— (

a)an application for the review by the Commissioner of— (
i)a decision to refuse to grant an FOI request, or (
ii)a decision under section 21 in relation to a decision referred to in subparagraph (i), is made under section 22 , and (
b)the Commissioner considers that the statement of the reasons for the decision referred to in paragraph (a)(
i)in the notice under subsection

(1)of section 13 or of the findings or particulars referred to in subsection

(2)(d)(ii) of that section in relation to the matter is not adequate, the Commissioner shall direct the head concerned to furnish to the requester concerned and the Commissioner a statement, in writing or such other form as may be determined, containing any further information in relation to those matters that is in the power or control of the head.

(2)A head shall comply with a direction under this section as soon as may be, but not later than 3 weeks, after its receipt. Chapter 5 Appeal to High Court Appeal to High Court, etc. 24.

(1)A party to an application under section 22 or any other person affected by the decision of the Commissioner following a review under that section may appeal to the High Court— (

a)on a point of law from the decision, or (
b)where the party or person concerned contends that the release of a record concerned would contravene a requirement imposed by European Union law, on a finding of fact set out or inherent in the decision.

(2)The requester concerned or any other person affected by— (

a)the issue of a certificate under section 34 , (
b)a decision, pursuant to section 13 , to refuse to grant an FOI request in relation to a record the subject of such a certificate, or (
c)a decision, pursuant to section 21 , to refuse to grant, or to uphold a decision to refuse to grant, such a request, may appeal to the High Court on a point of law against such issue or from such decision.

(3)A person may appeal to the High Court from— (

a)a decision under section 21 , or (
b)a decision specified in any of paragraphs (
a)to (g)of subsection

(1)of that section (other than such a decision made by a person to whom the function stood delegated under section 20 at the time of the making of the decision), made by the Commissioner in respect of a record held by the Office of the Commissioner or (in a case where the same person holds the office of Ombudsman and the office of Commissioner) made by the Ombudsman in respect of a record held by the Office of the Ombudsman.

(4)(a) Subject to paragraph (b), an appeal under subsection

(1),

(2)or

(3)shall be initiated not later than 4 weeks after notice of the decision concerned was given to the person bringing the appeal. (

b)Where the Commissioner has decided that access should be granted to some records (including parts of records) but not all records requested— (
i)the requester shall have 8 weeks after the date of the notification of the decision concerned to initiate an appeal to the High Court under this section, and (
ii)the public body concerned shall grant access to those records that it intends to release after expiration of 4 weeks from the decision of the Commissioner.

(5)A decision of the High Court following an appeal under subsection

(1),

(2)or

(3)shall, where appropriate, specify the period within which effect shall be given to the decision.

(6)The Commissioner may refer any question of law arising in a review under section 22 to the High Court for determination, and the Commissioner may postpone the making of a decision following the review until such time as he or she considers convenient after the determination of the High Court.

(7)(a) Where an appeal under subsection

(1),

(2)or

(3)by a person (other than a head) is dismissed by the High Court, that Court may, if it considers that the point of law concerned was of exceptional public importance, order that some or all of the costs of the person in relation to the appeal be paid by the FOI body concerned. (b) Where a reference under subsection

(6)is heard by the High Court, that Court may order that some or all of the costs of a person (other than a head) in relation to such reference be paid by the FOI body concerned.

(8)Where an appeal to the Supreme Court is taken from a decision of the High Court under this section, that Court may order that some or all of the costs of a person (other than a head) in relation to an appeal to that Court be paid by the FOI body concerned, if it considers that a point of law of exceptional public importance was involved in the appeal and, but for this subsection, that Court would not so order. Chapter 6 Miscellaneous Precautions by High Court and Commissioner against disclosure of certain information 25.

(1)In proceedings in the High Court under or in relation to this Act, that Court shall take all reasonable precautions to prevent the disclosure to the public or, if appropriate, to a party (other than a head) to the proceedings of— (

a)information contained in an exempt record, or (
b)information as to whether a record exists or does not exist in a case where the head concerned is required by this Act not to disclose whether the record exists or does not exist.

(2)Without prejudice to the generality of subsection

(1), precautions under that subsection may include— (

a)hearing the whole or part of any such proceedings as aforesaid otherwise than in public, (
b)prohibiting the publication of such information in relation to any such proceedings as it may determine, including information in relation to the parties to the proceedings and the contents of orders made by the High Court in the proceedings, and (
c)examining a record or a copy of a record without giving access or information in relation thereto to a party (other than a head) to the proceedings.

(3)In the performance of his or her functions under this Act, the Commissioner shall take all reasonable precautions (including conducting the whole or part of a review under section 22 or an investigation under section 44 otherwise than in public) to prevent the disclosure to the public or, in the case of such a review, to a party (other than a head) to the proceedings concerned of information specified in paragraph (a) or (b) of subsection

(1)or matter that, if it were included in a record, would cause the record to be an exempt record. Stay on certain decisions 26.

(1)This section applies to— (

a)a decision to grant a request to which section 38 applies, and (
b)a decision under section 22 .

(2)Effect shall not be given to a decision to which this section applies before, whichever is the later of— (

a)the expiration of the time for— (
i)making an application for a review to the Commissioner under section 22 , or (
ii)bringing an appeal to the High Court from the decision, as may be appropriate, or (
b)if such an application or appeal is made or brought, the final determination or withdrawal thereof. Fees and charges 27.

(1)Such amount as may be appropriate having regard to the provisions of this section shall be charged by the FOI body concerned under this subsection and paid by the requester concerned to the body in respect of the grant of an FOI request. The amount of a charge under this subsection shall be equal to the estimated cost of the search for and retrieval and copying of the record concerned by the FOI body concerned for the requester.

(2)For the purposes of subsection

(1)“search for and retrieval” includes time spent by the FOI body in— (

a)determining whether it holds the information requested, (
b)locating the information or documents containing the information, (
c)retrieving such information or documents, (
d)extracting the information from the files, documents, electronic or other information sources containing both it and other material not relevant to the request, and (
e)preparing a schedule specifying the records for consideration for release.

(3)For the purposes of subsection

(1)— (

a)the amount of the cost of the search for and retrieval of a record shall be calculated at the rate of such amount per hour as stands prescribed for the time being in respect of the time that was spent, or ought, in the opinion of the head concerned, to have been spent, by each person concerned in carrying out the search and retrieval efficiently, (
b)the amount of the cost of the copying of a record shall not exceed such amount (if any) as stands prescribed for the time being, and the determination of that amount shall be in compliance with any provisions standing prescribed for the time being in relation to such determination, (
c)subject to subsection

(12)the total amount of a charge under subsection

(1)shall not exceed such amount as stands prescribed for the time being as the appropriate maximum amount for search and retrieval and copying, (d) there shall be no charge under subsection

(1)if, in the opinion of the head concerned, the total amount of the charge would be less than such amount (if any) as stands prescribed for the time being as the appropriate minimum amount for search and retrieval and copying, and (e) different maximum and minimum amounts may be prescribed under this subsection in respect of different public bodies or prescribed bodies and the power to prescribe such a maximum (in relation to any particular body) shall be exercised in a manner to take account of the greater amount that subsection

(12)provides for the prescription of (in relation to that body) as concerns the overall ceiling limit.

(4)Where the record or records concerned contains or contain only personal information relating to the requester concerned the charge under subsection

(1)shall not be made, unless the grant concerned relates to a significant number of records, and in considering whether or not such a charge shall be made, the means of the requester shall be taken into account.

(5)Subject to subsection

(3), where, in the opinion of the head concerned, the estimated cost, as determined by the head, of the search for and retrieval and copying of a record the subject of an FOI request is likely to exceed the appropriate minimum level as prescribed— (

a)a deposit of such amount as may be determined by the head (not being less than 20 per cent of such cost) shall be charged by the FOI body concerned and paid by the requester concerned to the body, (
b)the process of search for and retrieval of the record shall not be commenced by the body until the deposit has been paid, and (
c)the head shall, not later than 2 weeks after the receipt of the request aforesaid, cause a notice in writing for payment of the deposit to be given to the requester and the notice shall include an estimate of the length of time that the process of searching for and retrieving the record will occupy and a statement that the process will not begin until the deposit has been paid and that the date on which a decision will be made in relation to the request will be determined by reference to the date of such payment.

(6)A head may reduce the amount of or waive a search and retrieval and copying charge or deposit under subsection

(1)or

(5)if, in his or her opinion, some or all of the information contained in the record concerned would be of particular assistance to the understanding of an issue of national importance.

(7)In a case to which subsection

(5)applies, the head concerned shall, if so requested by the requester concerned— (a) assist the requester if the requester wishes to amend or limit the request in order to reduce or eliminate the charges that arise or are likely to arise under subsection

(1), (b) if amendments are specified under paragraph (a), make such of them (if any) to the request as the requester may determine.

(8)Where a deposit under subsection

(5)is paid, the amount of the charge under subsection

(1)payable in respect of the grant of the FOI request concerned shall be reduced by the amount of the deposit.

(9)Where a deposit under subsection

(5)is paid and, subsequently, the grant of the FOI request concerned is refused or is granted in relation to a part only of the record concerned, the amount of the deposit or, if a charge under this section is payable in respect of the grant, so much (if any) of that amount as exceeds the amount of the charge shall be repaid to the requester concerned.

(10)Where a charge or a deposit under this section is paid, and subsequently, the charge or deposit is annulled or varied under section 21 , 22 or 24, the amount of the charge or deposit so annulled or, as the case may be, any amount thereof in excess of the amount thereof as so varied shall be repaid to the requester concerned.

(11)Section 13

(1)shall be construed and have effect— (a) in relation to a case in which a deposit is payable under subsection

(5), as if the reference to 4 weeks were a reference to a period consisting of 4 weeks together with the period from the giving of the notice under subsection

(5)(

c)concerned to the requester concerned to the date of the receipt of the deposit, (
b)in relation to a case in which such a deposit is annulled following a review under section 21 or 22 or an appeal under section 24 , as if the reference to 4 weeks were a reference to a period consisting of 4 weeks together with the period from the giving of the notice under subsection

(5)(

c)to the requester concerned to the date of the decision under section 24 or, as the case may be, of the giving to the requester concerned of notice under section 21 or 22 of the decision, and (
c)in relation to a case in which an amendment pursuant to subsection

(7)has the effect of eliminating such a deposit, as if the reference to the receipt of a request under that section were a reference to the making of the amendment.

(12)(a) Where the amount of a search and retrieval and copying charge under subsection

(1)exceeds or is likely to exceed the overall ceiling limit prescribed, under paragraph (b), for the purposes of this subsection— (

i)the body concerned shall so inform the requester, (
ii)the body shall assist the requester if the requester wishes to amend or limit the request in order to reduce the charges that arise or are likely to arise under subsection

(1)to an amount less than or equal to the overall ceiling limit so prescribed, (iii) if the requester does not amend or limit the request such that the charges that arise or are likely to arise under subsection

(1)are reduced to an amount less than or equal to the overall ceiling limit so prescribed, the body may refuse the request, and (iv) where the body decides to process the request, the requester shall be required to pay the full cost of the charges likely to be payable and subsection

(5)shall apply. (b) There shall be prescribed for the purposes of this subsection an amount to be called, and in this section referred to, as the overall ceiling limit; and different such amounts may be prescribed for those purposes in respect of different public bodies or prescribed bodies.

(13)(

a)A fee of such amount (if any) as may be prescribed shall be charged by the FOI body concerned under this subsection and paid by the applicant concerned to— (
i)the body in respect of an application under section 21 , or (
ii)the Commissioner in respect of an application under section 22 . (
b)A fee under this subsection shall be paid at the time of the making of the application concerned and, if it is not so paid, the head concerned or, as the case may be, the Commissioner shall refuse to accept the application, and it shall be deemed, for the purposes of this Act, not to have been made. (
c)Fees of different amounts may be prescribed under paragraph (
a)in respect of different classes of applicant.

(14)An FOI body shall endeavour to establish a facility by which payment or refund of any fees due under this Act may be made electronically. PART 4 Exempt Records 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. 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. 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. 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. 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 fair

AI explanation based on the official legal text. Indicative, not a substitute for legal advice.