Freedom of Information Act 2014

SCHEDULE 1

Section 6

Part 1

Partially Included Agencies

Section 6 does not include a reference to—

(a) the Adoption Authority of Ireland, insofar as it relates to records concerning, 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;

(b) the Central Bank of Ireland, insofar as it relates to—

(i) records held by it containing—

(I) confidential personal information relating to the financial or business affairs of any individual, or

(II) confidential financial, commercial or regulatory information relating to the business affairs of any person who holds or has held or who has applied for a licence, authorisation, approval or registration from the Central Bank of Ireland, or is otherwise regulated by the Central Bank of Ireland,

that the Central Bank of Ireland has received for the purposes of performing, or in the discharge of, any of its statutory functions (other than when that information is contained in records in summary or aggregate form, such that persons cannot be identified from the record), and

(ii) records—

(I) held by the Central Bank of Ireland on the Central Credit Register established by it under section 5(1), or

(II) produced by the Central Bank of Ireland under section 30(1),

of the Credit Reporting Act 2013 (No. 45 of 2013);

(c) The Commission to Inquire into Child Abuse, in the performance of its functions under the Commission To Inquire Into Child Abuse Act 2000, other than insofar as it relates to records concerning the general administration of those functions;

(d) the Office of the Commissioner for Environmental Information, in the performance of its functions under the European Communities (Access to Information on the Environment) Regulations 2007 ( S.I. No. 133 of 2007), other than insofar as it relates to records concerning the general administration of those functions;

(e) the Credit Union Restructuring Board (ReBo), insofar as it relates to any records held by it containing personal or confidential information (including confidential financial or commercial information) concerning the business of any person or body, whether corporate or incorporate, held by that Board for the purposes of performing any of its statutory functions, other than where that information is presented in such a manner (whether aggregated, summarised or otherwise, or relating to more than one person) that ensures that no such personal or confidential information is disclosed and that no person or body can be identified from the records or information concerned;

(f) the Data Protection Commissioner, or an officer of the Commissioner, in relation to a record (save as regards a record concerning the general administration of the Office of the Commissioner);

(g) the Director of Corporate Enforcement, or an officer of the Director, in relation to a record held or created under the Companies Acts (save as regards a record concerning the general administration of the Office of the Director);

(h) education and training boards, insofar as it relates to any records that would enable the compilation of information (that is not otherwise available to the general public) concerning the comparative performance of schools in respect of the academic achievement of students enrolled therein, including, and without prejudice to the generality of the foregoing—

(i) the overall results in any year of students in a particular school in an examination or assessment, or

(ii) the comparative overall results in any year of students in different schools in an examination or assessment;

(i) EirGrid plc, other than insofar as it relates to records held by it relating to its functions under its transmission system operator licence granted under section 14(1)(e) of the Electricity Regulation Act 1999;

(j) ESB Networks Limited, other than insofar as it relates to records concerning its functions under its distribution system operator licence issued under section 14(1)(g) of the Electricity Regulation Act 1999;

F8 [ (k) the Workplace Relations Commission

(i) insofar as it relates to records concerning the provision of mediation services under the Employment Equality Acts 1998 to 2011, the Equal Status Acts 2000 to 2012 or the Pensions Acts 1990 to 2014, where parties to the process are participating in a voluntary capacity to try to settle such disputes, or

(ii) insofar as it relates to records concerning

(I) the referral of a complaint or dispute for resolution under section 39 of the Workplace Relations Act 2015 ,

(II) attempts made in accordance with that section to resolve any such complaint or dispute, or

(III) the resolution of any such complaint or dispute in accordance with that section. ]

(l) Gaslink Independent System Operator Limited, other than insofar as it relates to records held by it relating to its functions under its—

(i) transmission system operator licence granted under section 16(1)(d), or

(ii) distribution system operator licence granted under section 16(1)(f),

of the Gas (Interim) (Regulation) Act 2002 (amended by Regulation 41(b) of the European Communities (Internal Market in Natural Gas and Electricity) Regulations 2011 ( S.I. No. 630 of 2011));

(m) the Forensic Science Laboratory of the Department of Justice and Equality, insofar as it relates to records concerning, or arising from, the forensic criminal investigation functions performed by that Laboratory, including the analysis of specimens or in connection with an investigation being undertaken by the Garda Síochána or the Garda Síochána Ombudsman Commission and the approval, supply, testing and maintenance of apparatus and of equipment;

(n) the Garda Síochána, other than insofar as it relates to administrative records relating to human resources, or finance or procurement matters;

(o) the Garda Síochána Inspectorate, insofar as it relates to records concerning an inspection or inquiry carried out by that Inspectorate under section 117(2) of the Garda Síochána Act 2005;

(p) Iarnród Éireann, insofar as it relates to the operation of Rosslare Europort and its freight operations in the State;

(q) the Office of the Information Commissioner, in the performance of its functions under this Act or under the European Communities (Access to Information on the Environment) Regulations 2007 ( S.I. No. 133 of 2007), other than insofar as it relates to records concerning the general administration of those functions;

(r) the Insolvency Service of Ireland, in the performance of its functions under Part 2 of the Personal Insolvency Act 2012, other than insofar as it relates to records concerning the general administration of those functions;

(s) the Labour Relations Commission, insofar as it relates to records concerning—

(i) the provision of conciliation or mediation services by the Commission relating to trade dispute resolution, where parties to the process are participating in a voluntary capacity to try to settle such disputes,

(ii) the provision of the Rights Commissioner Service relating to disputes under the Industrial Relations Acts 1946 to 2012 where parties to the process are participating in a voluntary capacity to try to settle such disputes; and any decisions and recommendations made relating to such disputes,

(iii) the provision of advisory services where it is not of a general or generic nature but is particular to specific parties, or

(iv) meetings of Joint Industrial Councils relating to dispute resolution;

(t) the Labour Court, insofar as it relates to records concerning—

(i) the provision of services by the Labour Court in trade dispute resolution including investigation of disputes and mediation or conciliation services under the Industrial Relations Acts 1946 to 2012, where parties to the process are participating in a voluntary capacity to try to settle such disputes; and any draft decisions in relation to such disputes under Industrial Relations Acts 1946 to 2012, or

(ii) information provided on a confidential basis by the parties referred to in sub paragraph (i);

(u) the Medical Bureau of Road Safety, insofar as it relates to records concerning, or arising from, the forensic criminal investigation functions performed by the Bureau under the Road Traffic Acts 1961 to 2014, including the analysis of specimens and the approval, supply, testing and maintenance of apparatus and of equipment used for the purpose of those Acts;

(v) the Mental Health (Criminal Law) Review Board, insofar as it relates to records relating to its functions under sections 13, 13A, 13B and 17 of the Criminal Law (Insanity) Act 2006;

(w) the National Treasury Management Agency insofar as it relates to records—

(i) relating to or received from a public body specified in Part 2 of this Schedule that is a commercial entity,

(ii) concerning the performance of its functions under Part 2 of the National Treasury Management Agency (Amendment) Act 2000, other than in relation to records concerning the general administration of those functions, or

(iii) concerning the terms and conditions on which a person holds a position as a member of staff of the Agency, other than when that information is contained in records in summary or collective form such that individuals cannot be identified from the record;

(x) the National Treasury Management Agency, the National Asset Management Agency, the National Pensions Reserve Fund Commission and the National Development Finance Agency, insofar as it relates to records concerning—

(i) investors or potential investors in any security issued by the Minister for Finance or any of these bodies, or in any project, fund or other investment managed or promoted by any of these bodies or in which any of these bodies is an investor,

(ii) companies, firms, funds or any other entities with or in which any of these bodies have invested or could potentially make an investment,

(iii) purchasers or potential purchasers of any asset or loan or of any other asset securing loans held or managed by any of these bodies,

(iv) market counterparties or potential market counterparties of any of these bodies, or

(v) sellers of assets acquired or which may be potentially acquired by any of these bodies or by any company, firm, fund or other entity in which any of these bodies is an investor;

(y) the Garda Síochána Ombudsman Commission, insofar as it relates to records concerning an examination or investigation carried out by the Garda Síochána Ombudsman Commission under Part 4 of the Garda Síochána Act 2005;

(z) the Ombudsman, insofar as it relates to records concerning an examination or investigation carried out by the Ombudsman under the Ombudsman Acts 1980 to 2012;

(aa) the Ombudsman for Children, insofar as it relates to records concerning an examination or investigation carried out by the Ombudsman for Children under the Ombudsman for Children Act 2002;

(ab) F9 [ ]

(ac) the Legal Services Ombudsman, insofar as it relates to records concerning an investigation carried out by the Legal Services Ombudsman under the Legal Services Ombudsman Act 2009;

(ad) the Ombudsman for Defence Forces, insofar as it relates to records concerning an investigation or examination carried out by the Ombudsman for the Defence Forces under the Ombudsman (Defence Forces) Act 2004;

(ae) F9 [ ]

(af) the Revenue Commissioners, in relation to a record that relates to the formation of an opinion under section 811 of the Taxes Consolidation Act 1997 that a transaction is a tax avoidance transaction, save as regards a record that was created before—

(i) the date on which an officer of the Revenue Commissioners has notified a person that the transaction is the subject of enquiry for the purpose of considering whether to give, in relation to it, a notice under that section 811 of an opinion to the foregoing effect, or

(ii) if it falls earlier than the foregoing date, the date on which a notification under section 811A of that Act was received by the Revenue Commissioners in relation to the transaction;

(ag) the Office of the State Pathologist, insofar as it relates to records in connection with an investigation being undertaken by the Garda Síochána, or other records (not relating to the general administration of the Office) concerning, or arising from, functions performed by the Office under the Coroner's Act 1962;

(ah) the Residential Institutions Redress Board, in the performance of its functions under the Residential Institutions Redress Act 2002, other than insofar as it relates to records concerning the general administration of those functions;

(ai) the Residential Institutions Redress Review Committee, in the performance of its functions under the Residential Institutions Redress Act 2002, other than insofar as it relates to records concerning the general administration of those F10 [ functions; ]

F11 [ (aj) the Financial Services and Pensions Ombudsman, insofar as it relates to records concerning the mediation, investigation or adjudication of a complaint carried out by the Financial Services and Pensions Ombudsman under the Financial Services and Pensions Ombudsman Act 2017 (No. 22 of 2017); ]

F12 [ (ak) the National Treasury Management Agency in the performance of the functions conferred on it under the Home Building Finance Ireland Act 2018 insofar as it relates to records concerning the following:

(i) providers or potential providers of finance (including loans) to Home Building Finance Ireland or any HBFI group entity;

(ii) companies, firms, funds or any other entities to which Home Building Finance Ireland or any HBFI group entity has provided finance (including loans) or could potentially provide finance (including loans);

(iii) market counterparties or potential market counterparties of Home Building Finance Ireland or any HBFI group entity;

(iv) purchasers or potential purchasers of

(I) a loan,

(II) an asset, or

(III) an asset securing a loan,

held or managed by Home Building Finance Ireland or any HBFI group entity;

(al) Home Building Finance Ireland in the performance of the functions conferred on it under the Home Building Finance Ireland Act 2018 insofar as it relates to records concerning the following:

(i) providers or potential providers of finance (including loans) to Home Building Finance Ireland or any HBFI group entity;

(ii) companies, firms, funds or any other entities to which Home Building Finance Ireland or any HBFI group entity has provided finance (including loans) or could potentially provide finance (including loans);

(iii) market counterparties or potential market counterparties of Home Building Finance Ireland or any HBFI group entity;

(iv) purchasers or potential purchasers of

(I) a loan,

(II) an asset, or

(III) an asset securing a loan,

held or managed by Home Building Finance Ireland or any HBFI group entity;

(am) a HBFI group entity in the performance of the functions conferred on it under the Home Building Finance Ireland Act 2018 insofar as it relates to records concerning the following:

(i) providers or potential providers of finance (including loans) to Home Building Finance Ireland or any HBFI group entity;

(ii) companies, firms, funds or any other entities to which Home Building Finance Ireland or any HBFI group entity has provided finance (including loans) or could potentially provide finance (including loans);

(iii) market counterparties or potential market counterparties of Home Building Finance Ireland or any HBFI group entity;

(iv) purchasers or potential purchasers of

(I) a loan,

(II) an asset, or

(III) an asset securing a loan,

held or managed by Home Building Finance Ireland or any HBFI group entity. ]

Annotations:

Amendments:

F8

Substituted (1.10.2015) by National Minimum Wage (Low Pay Commission) Act 2015 (22/2015), s. 19, commenced in accordance with subs. (2) by S.I. No. 410 of 2015.

F9

Deleted (1.01.2018) by Financial Services and Pensions Ombudsman Act 2017 (22/2017), s. 76(a), S.I. Nos. 524 and 525 of 2017.

F10

Substituted (5.12.2018) by Home Building Finance Ireland Act 2018 (28/2018), s. 20(b)(i), S.I. No. 518 of 2018.

F11

Inserted (1.01.2018) by Financial Services and Pensions Ombudsman Act 2017 (22/2017), s. 76(c), S.I. Nos. 524 and 525 of 2017.

F12

Inserted (5.12.2018) by Home Building Finance Ireland Act 2018 (28/2018), s. 20(b)(ii), S.I. No. 518 of 2018.

Modifications (not altering text):

C2

References to “Labour Relations Commission” construed (1.10.2015) by Workplace Relations Act 2015 (16/2015), s. 57(2), commenced as per subs. (3) by S.I. No. 413 of 2015.

Transfer of functions from Labour Relations Commission to Commission

57. ...

(2) References in any enactment or instrument under an enactment to the Labour Relations Commission in so far as they relate to a function transferred by this section shall be construed as references to the Commission.

(3) This section shall come into operation on the dissolution day.

Editorial Notes:

E19

Previous affecting provision: para. (ai) amended (1.01.2018) by Financial Services and Pensions Ombudsman Act 2017 (22/2017), s. 76(b), S.I. Nos. 524 and 525 of 2017; amended as per F-note above.

Part 2

Exempt Agencies

A board of management established under section 14 of the Education Act 1998, other than a board of management of a school established or maintained by an education and training board

A bridge bank within the meaning of section 17 of the Central Bank and Credit Institutions (Resolution) Act 2011

Allied Irish Banks p.l.c.

An Post

Bord na Móna

Bus Átha Cliath — Dublin Bus

Bus Éireann

Coillte Teoranta

Commissioners for Irish Lights

Córas Iompair Éireann Holding Company

Cork Airport Authority plc.

Drogheda Port Company

Dublin Airport Authority plc.

Dublin Port Company

Dun Laoghaire Harbour Company

Electricity Supply Board

Ervia

Food Safety Promotion Board (Safefood)

Galway Harbour Company

Irish Aviation Authority

Irish Bank Resolution Corporation Limited (in Special Liquidation)

Irish National Petroleum Corporation Limited

The Language Body (An Foras Teanga)

Loughs Agency

National Lottery Company (within the meaning of the National Lottery Act 1986)

National Oil Reserves Agency

New Ross Port Company

permanent tsb Group Holdings p.l.c.

Port of Cork Company

Port of Waterford Company

Private Security Appeals Board

Private Security Authority

Shannon Airport Authority plc.

Shannon Foynes Port Company

Special European Union Programmes Body

Tourism Ireland

Trade and Business Development Body (InterTradeIreland)

Voluntary Health Insurance Board

Waterways Ireland

Wicklow Port Company