Freedom of Information Act 2014

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.ie) Aistriúcháin (Tithe an Oireachtais) Foilseacháin Rialtais ar Díol Dlí AE (EUR-Lex) CCanna (Ceisteanna Coitianta) Séanadh Aiseolas Deasc chabhrach Cuardach TitleTeideal Year(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 4. 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 5. 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 …