FREEDOM OF INFORMATION ACT 1997

Restriction of Act.

46

46. (1) This Act does not apply to—

( a) a record held by—

(i) the courts,

(ii) a tribunal to which the Tribunals of Inquiry (Evidence) Act, 1921, is applied, or

(iii) a service tribunal within the meaning of section 161 of the Defence Act, 1954,

and relating to, or to proceedings in, a court or such a tribunal other than—

(I) a record that relates to proceedings in a court or such a tribunal held in public but was not created by the court or tribunal and whose disclosure to the general public is not prohibited by the court or the tribunal, or

(II) a record relating to the general administration of the courts or the offices of the courts or such a tribunal or any offices of such a tribunal,

( b) a record held or created by the Attorney General or the Director of Public Prosecutions or the Office of the Attorney General or the Director of Public Prosecutions (other than a record concerning the general administration of either of those Offices),

F65 [ (ba) a record held or created under the Companies Acts, 1963 to 2001, by the Director of Corporate Enforcement or an officer of the Director (other than a record concerning the general administration of the Director's office), ]

F66 [ ( bb ) a record held or created by the Medical Bureau of Road Safety under the Road Traffic Acts 1961 to 2010 (other than a record concerning the general administration of the Medical Bureau of Road Safety), ]

( c) a record relating to—

(i) a review under section 34 or an investigation under section 36 ,

(ii) an audit, inspection or examination carried out by the Comptroller and Auditor General under the Comptroller and Auditor General Acts, 1923 and 1993, the Exchequer and Audit Department Acts, 1866 and 1921, or any other enactment, F67 [ ]

F68 [ (iii) an examination or investigation carried out by the Ombudsman under the Ombudsman Act 1980, F69 [ ]

F70 [ (iv) an examination or investigation carried out by the Ombudsman for Children under the Ombudsman for Children Act 2002 , or

F71 [ (v) an examination or investigation carried out by the Pensions Ombudsman under the Pensions Act 1990. ] ]

other than—

(I) such a record that was created before the commencement of the review, investigation, audit, inspection or examination aforesaid, or

(II) a record relating to the general administration of the Office of the Commissioner, the Office of the Comptroller and Auditor General F68 [ , the Office of the Ombudsman F72 [ , the office of the Ombudsman for Children ] ]

( d) a record relating to the President,

F73 [ ( da ) a record held by a public body relating to the costing, assessment or consideration of any proposal of a political party carried out for or on behalf of that party.

( db ) a record given by a public body to a member of the Government or a Minister of State for use by him or her for the purposes of any proceedings in either House of the Oireachtas or any committee of either or both of such Houses or any subcommittee of such a committee (including such proceedings in relation to questions put by members of either such House to members of the Government or Ministers of State (whether answered orally or in writing)).

F74 [ ( dc ) a record held or created under the relevant statutory provisions by the Health and Safety Authority or an employee of the Authority, relating to or arising from its enforcement functions (other than a record concerning any other functions of the Authority or the general administration of the Authority), ] ]

F75 [ ( dd ) a record held or created under the relevant statutory provisions by the Adoption Authority or an employee of the Authority, relating to or arising from the making of an adoption order or the recognition of an intercountry adoption effected outside the State, within the meaning of the Adoption Act 2010, (other than a record concerning any other functions of the Authority or the general administration of the Authority), ]

( e) a record relating to any of the private papers (within the meaning of Article 15.10 of the Constitution) of a member of either House of the Oireachtas or an official document of either or both of such Houses that is required by the rules or standing orders of either or both of such Houses to be treated as F76 [ confidential ],

F77 [ ( ea ) a record relating to any private paper or confidential communication, within the meaning of Part 10 of the Houses of the Oireachtas (Inquiries, Privileges and Procedures) Act 2013, or official document, within the meaning of Part 11 of that Act, unless consent has been given under that Act for its disclosure, or ]

( f) a record relating to information whose disclosure could reasonably be expected to reveal or lead to the revelation of—

(i) the identity of a person who has provided information to a public body in confidence in relation to the enforcement of the criminal law, or

(ii) any other source of such information provided in confidence to a public body.

(2) Subject to subsection (3), this Act does not apply to—

( 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 Act, 1988, applies.

Annotations:

Amendments:

F65

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

F66

Inserted (9.08.2010) by Road Traffic Act 2010 (25/2010), s. 26(5), S.I. No. 394 of 2010.

F67

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

F68

Substituted (25.04.2004) by Ombudsman For Children Act 2002 (22/2002), s. 20(b)(i) and (ii), S.I. No. 925 of 2004.

F69

Deleted (2.09.2003) by Social Welfare (Miscellaneous Provisions) Act 2003 (4/2003), s. 23(b)(i), S.I. No. 399 of 2003.

F70

Substituted (2.09.2003) by Social Welfare (Miscellaneous Provisions) Act 2003 (4/2003), s. 23(b)(ii), S.I. No. 399 of 2003.

F71

Substituted and inserted by Legal Services Ombudsman Act 2009 (8/2009), s. 36(b)(ii), not commenced as of date of revision.

F72

Substituted (2.09.2003) by Social Welfare (Miscellaneous Provisions) Act 2003 (4/2003), s. 23(b)(iii), S.I. No. 399 of 2003.

F73

Inserted (11.04.2003) by Freedom of Information (Amendment) Act (9/2003), s. 29, commenced on enactment.

F74

Inserted (1.09.2005) by Safety, Health and Welfare At Work Act 2005 (10/2005), s. 74, S.I. No. 328 of 2005.

F75

Inserted (1.11.2010) by Adoption Act 2010 (21/2010), s. 161, S.I. No. 511 of 2010.

F76

Substituted (25.09.2013) by Houses of the Oireachtas (Inquiries, Privileges and Procedures) Act 2013 (33/2013), s. 130(a), S.I. No. 362 of 2013.

F77

Inserted (25.09.2013) by Houses of the Oireachtas (Inquiries, Privileges and Procedures) Act 2013 (33/2013), s. 130(b), S.I. 362 of 2013.

F78

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

F79

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

Modifications (not altering text):

C31

Prospective amending provision: subs. (1)(c)(iv) amended, (v) substituted, (vi) inserted and clause (II) amended by Legal Services Ombudsman Act 2009 (8/2009), s. 36(b), not commenced as of date of revision.

(iv) an examination or investigation carried out by the Ombudsman for Children under the Ombudsman for Children Act 2002, F78 [ ]

F71 [ (v) an examination or investigation carried out by the Pensions Ombudsman under the Pensions Act 1990, or

(vi) an investigation carried out by the Legal Services Ombudsman under the Legal Services Ombudsman Act 2009,

...

(II) a record relating to the general administration of the Office of the Commissioner, the Office of the Comptroller and Auditor General F68 [ , the Office of the Ombudsman F72 [ , the office of the Ombudsman for Children F79 [ the Office of the Pensions Ombudsman or the Office of the Legal Services Ombudsman ] ]