FREEDOM OF INFORMATION ACT 1997

FIRST SCHEDULE

Public Bodies

1. Each of the following shall be a public body for the purposes of this Act:

(1) the Department of Agriculture, Food and Forestry,

the Department of Arts, Culture and the Gaeltacht,

the Department of Defence,

the Department of Education,

the Department of Enterprise and Employment,

the Department of the Environment,

the Department of Equality and Law Reform,

the Department of Finance,

the Department of Foreign Affairs,

the Department of Health,

the Department of Justice (including the Probation and Welfare Service),

the Department of the Marine,

F81 [ the Department of Public Expenditure and Reform, ]

the Department of Social Welfare,

the Department of the Taoiseach,

the Department of Tourism and Trade,

the Department of Transport, Energy and Communications,

the Office of the Tánaiste,

the Office of the Attorney General.

(2) the Army Pensions Board,

the Blood Transfusion Service Board,

the Board of the National Library of Ireland,

the Board of the National Museum of Ireland,

An Bord Pleanála,

the Censorship of Publications Board,

the Central Statistics Office,

F82 [ ]

An Coimisiún Logainmneacha,

An Comhairle na Nimheanna,

F83 [ ]

F84 [ the Commission for Electricity Regulation, ]

F85 [ the Commission for Public Service Appointments, ]

the Commissioners of Charitable Donations and Bequests,

the Companies Registration Office,

the Competition Authority,

the Commissioners of Public Works,

the Defence Forces,

F86 [ ]

F87 [ ]

the Environmental Protection Agency,

F87 [ ]

F88 [ the Health Information and Quality Authority ]

the Heritage Council,

the Ireland — United States Commission for Educational Exchange,

F89 [ the Irish Fiscal Advisory Council ]

the Irish Manuscripts Commission,

the Irish Medicines Board,

the Irish Sports Council,

the Land Registry,

F82 [ ]

the National Archives,

the National Archives Advisory Council,

F90 [ the National Consumer Agency ]

the National Council for Curriculum and Assessment,

F91 [ the National Economic and Social Development Office, ]

the National Gallery of Ireland,

F92 [ the National Sports Campus Development Authority, ]

F93 [ the National Tourism Development Authority ]

the Office of the Appeal Commissioners for the purposes of the Tax Acts,

the Office of the Chief Medical Officer for the Civil Service,

the Office of the Commissioner,

the Office of the Commissioner of Valuation and Boundary Surveyor for Ireland,

the Office of the Comptroller and Auditor General,

the Office of the Director of Consumer Affairs,

F94 [ the Office of the Director of Corporate Enforcement, ]

the Office of the Director of Public Prosecutions,

the F95 [ Houses of the Oireachtas Service ],

the Office of the Official Censor of Films,

the Office of the Ombudsman,

the Office of the Registrar of Friendly Societies,

F96 [ the Houses of the Oireachtas Commission, ]

the Patents Office,

the Pensions Board,

F85 [ the Public Appointments Service, ]

the Public Offices Commission,

F97 [ the Qualifications and Quality Assurance Authority of Ireland, ]

the Registry of Deeds,

F98 [ the Residential Institutions Statutory Fund Board, ]

the Revenue Commissioners,

F99 [ An tSeirbh í s Oideachais Lean ú naigh agus Scileanna ]

the Social Welfare Appeals Office,

the State Laboratory.

F100 [ Sustainable Energy Ireland The Sustainable Energy Authority of Ireland. ]

F101 [ the Teaching Council, ]

(3) a local authority.

F102 [ (4) the Health Service Executive and the Child and Family Agency ]

(5) any body, organisation or group standing prescribed for the time being, 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 being—

( a) the Garda Siochána, F103 [ the office of the Ombudsman for Children, ]

( b) a body, organisation or group established—

(i) by or under any enactment (other than the Companies Acts, 1963 to 1990) or any scheme administered by a Minister of the Government,

or

(ii) under the Companies Acts, 1963 to 1990, in pursuance of powers conferred by or under another enactment, and financed wholly or partly, whether 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,

( c) any other body, organisation or group financed as aforesaid,

( d) a company (within the meaning of the Companies Act, 1963) a majority of the shares in which are held by or on behalf of a Minister of the Government,

( e) any other body, organisation or group appointed by the Government or a Minister of the Government,

( f) subject to paragraph 2, any other body, organisation or group on which functions in relation to the general public or a class of the general public stand conferred by any enactment, or

( g) a subsidiary of a body, organisation or group specified in any of the foregoing provisions of this subparagraph.

2. A body, organisation or group standing prescribed pursuant to regulations for the purposes of clause ( f) of paragraph 1 (5) shall be a public body only as respects functions referred to in that clause.

3. 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, by regulations amend subparagraph (2) of paragraph 1 by the deletion of a reference to any public body.

4. A reference in subparagraph (1) of paragraph 1 to any particular Department of State shall be construed as—

( a) 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 (not being a public body specified in subparagraph (2) of that paragraph), and

( b) not including any other body, organisation or group.

Annotations:

Amendments:

F81

Inserted (6.07.2011) by Ministers and Secretaries (Amendment) Act 2011 (10/2011), s. 80, commenced as per s. 1(2) by S.I. No. 401 of 2011.

F82

Deleted (6.10.2004) by Public Service Management (Recruitment and Appointments) Act 2004 (33/2004), s. 61(1) and sch.2, pt. 1, subject to transitional provision in s.63, commenced on enactment.

F83

Deleted (15.05.2007) by Health Act 2007 (23/2007), s. 105, sch. 2, pt. 3, item 1(b), S.I. No. 226 of 2007.

F84

Inserted (14.07.1999) by Electricity Regulation Act 1999 (23/1999), s. 46, S.I. No. 213 of 1999.

F85

Inserted (6.10.2004) by Public Service Management (Recruitment and Appointments) Act 2004 (33/2004), s. 61(1) and sch.2, pt. 1, subject to transitional provision in s.63, commenced on enactment.

F86

Deleted (1.03.2000) by Freedom of Information Act, 1997 (Prescribed Bodies) Regulations 2000 (S.I. No. 67 of 2000), reg. 3.

F87

Deleted (21.12.1998) by Freedom of Information Act, 1997 (First Schedule) (Amendment) Regulations 1998 (S.I. No. 523 of 1998), reg. 2.

F88

Inserted (15.05.2007) by Health Act 2007 (23/2007), s. 105, sch. 2, pt. 2, item 1(a), S.I. No. 226 of 2007.

F89

Inserted (31.12.2012) by Fiscal Responsibility Act 2012 (39/2012), s. 7 and sch., para. 12, S.I. No. 522 of 2012.

F90

Inserted (1.05.2007) by Consumer Protection Act 2007 (19/2007), s. 33(a), S.I. No. 179 of 2007.

F91

Inserted (12.07.2006) by National Economic and Social Development Office Act 2006 (21/2006), s. 36, commenced on enactment.

F92

Inserted (5.07.2006) by National Sports Campus Development Authority Act 2006 (19/2006), s. 23(a), commenced on enactment.

F93

Inserted (13.04.2003) by National Tourism Development Authority Act 2003 (10/2003), s. 29(a), commenced on enactment.

F94

Inserted (28.11.2001) by Company Law Enforcement Act 2001 (28/2001), s. 112(b), S.I. No. 523 of 2001.

F95

Substituted (1.01.2010) by Houses of the Oireachtas Commission (Amendment) Act 2009 (44/2009), s. 14 and sch. pt. 1, commenced by s. 15(3).

F96

Inserted (1.01.2004) by Houses of the Oireachtas Commission Act 2003 (28/2003), s. 17, commenced on establishment.

F97

Inserted (5.11.2012) by Qualifications and Quality Assurance (Education and Training) Act 2012 (28/2012), s. 86 and sch.3, item 6, S.I. No. 421 of 2012.

F98

Inserted (8.03.2013) by Residential Institutions Statutory Fund Act 2012 (35/2012), s. 27, S.I. No. 79 of 2013.

F99

Inserted (26.10.2013) by Further Education and Training Act 2013 (25/2013), s. 50(a), S.I. No. 400 of 2013 and see S.I. No. 406 of 2013 (establishment day 27.10.2013).

F100

Inserted (27.02.2002) by Sustainable Energy Act 2002 (2/2002), s. 19(5), commenced on enactment, subject to transitional provision in s. 30.

F101

Inserted (28.03.2006) by Teaching Council Act 2001 (8/2001), s. 29(7), S.I. No. 184 of 2006.

F102

Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2 pt. 9, S.I. No. 502 of 2013.

F103

Inserted (25.04.2004) by Ombudsman For Children Act 2002 (22/2002), s. 20(c), S.I. No. 925 of 2004.

F104

Inserted by Local Government Reform Act 2014 (1/2014), s. 61(3), not commenced as of date of revision.

F105

Inserted by Legal Services Ombudsman Act 2009 (8/2009), s. 36(c), not commenced as of date of revision.

Modifications (not altering text):

C32

Prospective affecting provision: para. 1(2) amended by addition of office by Local Government Reform Act 2014 (1/2014), s. 61(3), not commenced as of date of revision.

F104 [ the National Oversight and Audit Commission ]

C33

Prospective affecting provision: para. 1(2) amended by addition of office by Legal Services Ombudsman Act 2009 (8/2009), s. 36(c), not commenced as of date of revision.

F105 [ the Office of the Legal Services Ombudsman. ]

C34

Interpretation of term “the Irish Sports Council” extended (6.07.1999) by Freedom of Information Act, 1997 (First Schedule) (Amendment) Regulations 1999 (S.I. No. 209 of 1999), reg. 2.

2. In subparagraph (2) of paragraph 1 of the First Schedule to the Freedom of Information Act, 1997 (No. 13 of 1997), “the Irish Sports Council” shall be construed as meaning either or both—

(a) the Irish Sports Council as appointed by the Minister of State at the Department of Education with special responsibility for Youth Affairs and Sport on 9 July 1996, and

(b) the Irish Sports Council as established by the Irish Sports Council Act, 1999 (No. 6 of 1999).

C35

Editorial Notes:

E59

E59

The First Schedule is amended by Nurses and Midwives Act 2011 (41/2011), s. 107(a), commenced 2.10.2012 by S.I. No. 385 of 2012, by the substitution of “Bord Altranais agus Cnáimhseachais na hÉireann” for “An Bord Altranais”, and the deletion of “The National Council for the Professional Development of Nursing and Midwifery”. These organisations are not listed in the First Schedule but appear in S.I. No. 297 of 2006, where they are prescribed for the purposes of the First Schedule para. 1(5).

E61

The words “the Irish Health Services Accreditation Board”, deleted (15.05.2007) by Health Act 2007 (23/2007), s. 105 and sch. 2 part 3, S.I. No. 226 of 2007, do not appear in the First Schedule.

E62

Powers exercised pursuant to s. 3 for purposes of First Sch. para. 1(5) (31.05.2006) by Freedom of Information Act 1997 (Prescribed Bodies) Regulations 2006 (S.I. No. 297 of 2006). Nurses and Midwives Act 2011 (41/2011), s. 107(a), commenced 2.10.2012 by S.I. No. 385 of 2012, purports to replace “An Bord Altranais” with “Bord Altranais agus Cnáimhseachais na hÉireann” and to delete the reference to “The National Council for the Professional Development of Nursing and Midwifery” in the First Schedule. It is not possible to make these changes because neither term is mentioned in the First Schedule or elsewhere in this Act ( FOI Act 1997). However, they appear in this statutory instrument, where they are prescribed for the purposes of the First Schedule para. 1(5).

E63

Powers exercised pursuant to s. 3 for purposes of First Sch. para. 1(5) (19.11.2003) by Freedom of Information Act 1997 (Prescribed Bodies) Regulations 2003 (S.I. No. 642 of 2003).

E64

Powers exercised pursuant to s. 3 for purposes of First Sch. para. 1(5) (1.11.2002) by Freedom of Information Act 1997 (Prescribed Bodies) (No. 2) Regulations 2002 (S.I. No. 530 of 2002).

E65

Powers exercised pursuant to s. 3 for purposes of First Sch. para. 1(5) (1.06.2002) by Freedom of Information Act 1997 (Prescribed Bodies) Regulations 2002 (S.I. No. 359 of 2002).

E66

Powers exercised pursuant to s. 3 for purposes of First Sch. para. 1(5) (1.10.2001) by Freedom of Information Act, 1997 (Prescribed Bodies) (No. 4) Regulations 2001 (S.I. No. 475 of 2001).

E67

Power exercised pursuant to s. 3 for purposes of First Sch. para. 1(5) (21.01.2001) by Freedom of Information Act, 1997 (Prescribed Bodies) (No. 3) Regulations 2001 (S.I. No. 128 of 2001).

E68

Power exercised pursuant to s. 3 for purposes of First Sch. para. 1(5) (21.01.2001) by Freedom of Information Act, 1997 (Prescribed Bodies) (No.2) Regulations 2001 (S.I. No. 127 of 2001).

E69

Power exercised pursuant to s. 3 for purposes of First Sch. para. 1(5) (21.01.2001) by Freedom of Information Act, 1997 (Prescribed Bodies) Regulations 2001 (S.I. No. 126 of 2001).

E70

Powers exercised pursuant to s. 3 for purposes of First Sch. para. 1(5) (21.10.2000) by Freedom of Information Act, 1997 (Prescribed Bodies) (No. 3) Regulations 2000 (S.I. No. 355 of 2000).

E71

Power exercised pursuant to s. 3 for purposes of First Sch. para. 1(5) (1.05.2000) by Freedom of Information Act, 1997 (Prescribed Bodies) (No. 2) Regulations 2000 (S.I. No. 115 of 2000).

E72

Power exercised pursuant to s. 3 for purposes of First Sch. para. 1(5) (1.03.2000) by Freedom of Information Act, 1997 (Prescribed Bodies) Regulations 2000 (S.I. No. 67 of 2000).

E73

Power exercised pursuant to s. 3 for purposes of First Sch. para. 1(5) (21.10.1999) by Freedom of Information Act, 1997 (Prescribed Bodies) Regulations 1999 (S.I. No. 329 of 1999).

E74

Power pursuant to section 1(3) exercised (21.10.1998) by Freedom of Information Act, 1997 (Local Authority and Health Board) (Commencement) Order 1998 (S.I. No. 397 of 1998).

2. The 21st day of October, 1998 is hereby appointed to be the day on which subparagraphs (3) and (4) of paragraph 1 of the First Schedule to the Freedom of Information Act, 1997 (No. 13 of 1997), shall come into operation.