Freedom of Information Act 1997

Number 13 of 1997

FREEDOM OF INFORMATION ACT 1997 (Repealed)

REVISED

Updated to 18 March 2014

This Revised Act is an administrative consolidation of the Freedom of Information Act 1997. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.

All Acts up to and including ESB (Electronic Communications Networks) Act 2014 (5/2014), enacted 18 March 2014, and all statutory instruments up to and including Local Elections (Disclosure of Donations and Expenditure) Act 1999 (Period for Reckoning Election Expenses) Order 2014 (S.I. No. 144 of 2014), made 20 March 2014, were considered in the preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to

revisedacts@lawreform.ie.

Number 13 of 1997(Repealed)

FREEDOM OF INFORMATION ACT 1997

REVISED

Updated to 18 March 2014

ARRANGEMENT OF SECTIONS

PART I

Preliminary and General

Section
1.	Citation and commencement.
2.	Interpretation.
3.	Regulations.
4.	Delegation of certain functions of heads.
5.	Expenses.

PART II

Access to Records

6.	Right of access to records.
7.	Requests for access to records.
8.	Decisions on requests under section 7 and notification of decisions.
9.	Extension of time for consideration of requests under section 7.
10.	Refusal on administrative grounds to grant requests under section 7.
11.	Deferral of access to records.
12.	Manner of access to records.
13.	Access to parts of records.
14.	Review by heads of decisions.
15.	Publication of information about public bodies.
16.	Publication of information regarding rules and practices in relation to certain decisions by public bodies.
17.	Amendment of records relating to personal information.
18.	Right of person to information regarding acts of public bodies affecting the person.

PART III

Exempt Records

19.	Meetings of the Government.
20.	Deliberations of public bodies.
21.	Functions and negotiations of public bodies.
22.	Parliamentary, court and certain other matters.
23.	Law enforcement and public safety.
24.	Security, defence and international relations.
25.	Conclusiveness of certain decisions pursuant to sections 23 and 24.
26.	Information obtained in confidence.
27.	Commercially sensitive information.
28.	Personal information.
29.	Procedure in relation to certain requests under section 7 to which section 26, 27 or 28 applies.
30.	Research and natural resources.
31.	Financial and economic interests of the State and public bodies.
32.	Enactments relating to non-disclosure of records.

PART IV

The Information Commissioner

33.	Establishment of office of Information Commissioner.
34.	Review by Commissioner of decisions.
35.	Requests for further information by Commissioner.
36.	Review of operation of Act and investigations by Commissioner.
37.	Powers of Commissioner.
38.	Commissioner to encourage publication of information by public bodies.
39.	Publication of commentaries by Commissioner on practical application, etc., of Act.
40.	Reports of Commissioner.

PART V

Miscellaneous

41.	Decisions deemed to have been made in certain cases.
42.	Appeal to High Court.
43.	Precautions by High Court and Commissioner against disclosure of certain information.
44.	Stay on certain decisions.
45.	Immunity from legal proceedings.
46.	Restriction of Act.
47.	Fees.
48.	Amendment of Official Secrets Act, 1963.

FIRST SCHEDULE

Public Bodies

SECOND SCHEDULE

The Information Commissioner

THIRD SCHEDULE

Enactments Excluded from Application of Section 32

PART I

Statutes

PART II

Statutory Instruments

Acts Referred to
Agriculture (Research, Training and Advice) Act, 1988	1988, No. 18
An Bord Bia Act, 1996	1996, No. 21
Bord Glas Act, 1990	1990, No. 1
Children Act, 1908	1908, c. 67
Civil Service Commissioners Act, 1956	1956, No. 45
Civil Service Regulation Act, 1956	1956, No. 46
Civil Service Regulation Acts, 1956 and 1958
Combat Poverty Agency Act, 1986	1986, No. 14
Companies Act, 1963	1963, No. 33
Companies Acts, 1963 to 1990
Competition Act, 1991	1991, No. 24
Comptroller and Auditor General Acts, 1923 and 1993
Copyright Act, 1963	1963, No. 10
Data Protection Act, 1988	1988, No. 25
Defence Act, 1954	1954, No. 18
Dentists' Act, 1985	1985, No. 9
Employment Equality Act, 1977	1977, No. 16
Environmental Protection Agency Act, 1992	1992, No. 7
European Assembly Act, 1977	1977, No. 30
European Parliament Elections Act, 1993	1993, No. 30
Exchequer and Audit Department Acts, 1866 and 1921
Forestry Act, 1988	1988, No. 26
Gas Act, 1976	1976, No. 30
Harbours Act, 1996	1996, No. 11
Industrial Development Act, 1986	1986, No. 9
Industrial Development Act, 1993	1993, No. 19
Industrial Relations Act, 1946	1946, No. 26
Industrial Relations Act, 1969	1969, No. 14
Industrial Relations Act, 1990	1990, No. 19
Irish Aviation Authority Act, 1993	1993, No. 27
Irish Film Board Act, 1980	1980, No. 36
Irish Horseracing Industry Act, 1994	1994, No. 18
Irish Medicines Board Act, 1995	1995, No. 29
Labour Services Act, 1987	1987, No. 10
Local Authorities (Officers and Employees) Act, 1926	1926, No. 39
Local Government (Planning and Development) Act, 1983	1983, No. 28
Local Government Act, 1941	1941, No. 23
Marine Institute Act, 1991	1991, No. 2
Medical Practitioners Act, 1978	1978, No. 4
Milk (Regulation of Supply) Act, 1994	1994, No. 25
Ministers and Secretaries Act, 1924	1924, No. 16
National Archives Act, 1986	1986, No. 11
National Social Services Board Act, 1984	1984, No. 2
National Treasury Management Agency Act, 1990	1990, No. 18
Offences Against the State Act, 1939	1939, No. 13
Official Secrets Act, 1963	1963, No. 1
Ombudsman Act, 1980	1980, No. 26
Pensions Act, 1990	1990, No. 25
Performers' Protection Act, 1968	1968, No. 19
Postal and Telecommunications Services Act, 1983	1983, No. 26
Public Offices Fees Act, 1879	1879, c. 58
Prisons Acts, 1826 to 1980
Radiological Protection Act, 1991	1991, No. 9
Restrictive Practices (Amendment) Act, 1987	1987, No. 31
Roads Act, 1993	1993, No. 14
Safety, Health and Welfare at Work Act, 1989	1989, No. 7
Social Welfare Acts
Social Welfare (Consolidation) Act, 1993	1993, No. 27
Tax Acts
Trade and Marketing Promotion Act, 1991	1991, No. 22
Transport (Re-organisation of Córas Iompair Éireann) Act, 1986	1986, No. 31
Tribunals of Inquiry (Evidence) Act, 1921	1921, c. 7
Údarás na Gaeltachta Act, 1979	1979, No. 5
Voluntary Health Insurance (Amendment) Act, 1996	1996, No. 4

Number 13 of 1997

FREEDOM OF INFORMATION ACT 1997 (Repealed)

REVISED

Updated to 18 March 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 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 ESTABLISHMENT 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 AMEND THE OFFICIAL SECRETS ACT, 1963, AND TO PROVIDE FOR RELATED MATTERS. [21st April, 1997]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Annotations

Modifications (not altering text):

Application of collectively cited Freedom of Information Acts 1997 and 2003 restricted (25.09.2013) by Houses of the Oireachtas (Inquiries, Privileges and Procedures) Act 2013 (33/2013), s. 127(1), S.I. No. 362 of 2013.

Restriction of Freedom of Information Acts 1997 and 2003.

127.— (1) Without prejudice to the exemption for official documents and private papers, the Freedom of Information Acts 1997 and 2003 shall not apply to a record relating to a Part 2 inquiry or other committee business unless—

(a) the record was created before the inquiry or other committee business, as the case may be, commenced, or

(b) the record relates to the expenses of the committee or other matters concerning the general administration of the committee.

...

Application of collectively cited Freedom of Information Acts 1997 and 2003 restricted (1.03.2013) by Personal Insolvency Act 2012 (44/2012), s. 22, S.I. No. 63 of 2013.

Restriction of Freedom of Information Acts 1997 and 2003.

22.— (1) The Freedom of Information Acts 1997 and 2003 do not apply to a record held by the Insolvency Service, unless the record relates to the general administration of the Insolvency Service.

(2) In this section, “record” has the same meaning as in the Freedom of Information Acts 1997 and 2003.

Functions transferred and references to “Department of Finance” and “Minister for Finance” construed (29.07.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011), arts. 2, 3, 5 and sch.1. part 2, in effect as per art. 1(2), subject to transitional provisions in arts. 6-9.

2.— (1) The administration and business in connection with the performance of any functions transferred by this Order are transferred to the Department of Public Expenditure and Reform.

(2) References to the Department of Finance contained in any Act or instrument made thereunder and relating to the administration and business transferred by paragraph (1) shall, on and after the commencement of this Order, be construed as references to the Department of Public Expenditure and Reform.

3. —The functions conferred on the Minister for Finance by or under the provisions of —

(a) the enactments specified in Schedule 1, and

(b) the statutory instruments specified in Schedule 2,

are transferred to the Minister for Public Expenditure and Reform.

...

5. —References to the Minister for Finance contained in any Act or instrument under an Act and relating to any functions transferred by this Order shall, from the commencement of this Order, be construed as references to the Minister for Public Expenditure and Reform.

...

Schedule 1

Number and Year

Short Title

Provision

...

No. 13 of 1997

...

Freedom of Information Act 1997

...

The whole Act

...

Application of collectively cited Freedom of Information Acts 1997 and 2003 restricted (1.11.2011) by Civil Law (Miscellaneous Provisions) Act 2011 (23/2011), s. 48, S.I. No. 539 of 2011.

Restriction of Freedom of Information Acts 1997 and 2003.

48.— (1) The Freedom of Information Acts 1997 and 2003 do not apply to a record relating to the inquiry into any matter by a tribunal unless—

(a) the record was created before the appointment of the tribunal, or

(b) the record relates to the expenses of the tribunal or other matters concerning the general administration of the tribunal.

(2) Subsection (1) applies whether the record concerned is—

(a) held by the tribunal, or

(b) deposited with a person, or at a place, in compliance with the requirements of a notice under section 46 (1) given to the chairman or former chairman, as the case may be, of the tribunal.

(3) In this section, “record” has the same meaning as in the Freedom of Information Acts 1997 and 2003.

Application of collectively cited Freedom of Information Acts 1997 and 2003 restricted (2.10.2012) by Nurses and Midwives Act 2011 (41/2011), s. 19(4) and s. 91(3), S.I. No. 385 of 2012.

Publication and implementation of statement of strategy.

19.— ...

(4) During the specified period, the Freedom of Information Acts 1997 and 2003 shall not apply to a record containing—

(a) a statement of strategy, or an amendment to a statement of strategy, that has not been adopted by the Board, or

(b) a preliminary or other draft of all or part of the contents of a statement of strategy or of an amendment to a statement of strategy.

(5) In subsection (4), “specified period”, in relation to a record, means a period of 5 years commencing on the date of creation of the record.

...

Confidentiality.

91.— ...

(3) The Freedom of Information Acts 1997 and 2003 shall not apply to a record (within the meaning of those Acts) relating to any professional competence scheme.

...

Application of collectively cited Freedom of Information Acts 1997 and 2003 restricted (1.07.2011) by European Communities (Electronic Communications Networks and Services) (Framework) Regulations 2011 (S.I. No. 333 of 2011), reg. 10(12).

Provision of information

10. ...

(12) Where the Regulator receives information classified as confidential from the European Commission or from a national regulatory authority of another Member State under Article 5 of the Framework Directive and the Regulator is satisfied that such information is so classified in accordance with rules of business confidentiality of the European Union or of the Member State from which the information originated, as the case may be, it shall protect the confidentiality of such information. The Freedom of Information Acts 1997 and 2003 do not apply to such information.

...

Application of collectively cited Freedom of Information Acts 1998 and 2003 restricted (1.05.2010) by Medical Practitioners Act 2007 (25/2007), s. 95(3), S.I. No. 150 of 2010.

Confidentiality.

95.— ...

(3) The Freedom of Information Acts 1997 and 2003 shall not apply to a record (within the meaning of those Acts) relating to any professional competence scheme.

...

Application of collectively cited Freedom of Information Acts 1997 and 2003 restricted (3.07.2008) by Medical Practitioners Act 2007 (25/2007), s. 14(4) and (5), S.I. No. 231 of 2008.

Publication and implementation of statement of strategy.

14.—(1) ...

(4) During the specified period, the Freedom of Information Acts 1997 and 2003 shall not apply to a record containing—

(a) a statement of strategy, or an amendment to a statement of strategy, that has not been adopted by the Council, or

(b) a preliminary or other draft of all or part of the contents of a statement of strategy or of an amendment to a statement of strategy.

(5) In subsection (4), “specified period”, in relation to a record, means a period of 5 years commencing on the date of creation of the record.

Application of collectively cited Freedom of Information Acts 1997 and 2003 restricted by European Communities (European Aviation Safety Agency) Regulations 2003 (S.I. No. 469 of 2003), reg. 9(2) as inserted (8.04.2008) by European Communities (European Aviation Safety Agency) (Amendment) Regulations 2008 (S.I. No. 95 of 2008), reg. 3(d).

...

(2) Information received by the Authority pursuant to the EASA Regulation shall be treated as confidential and shall not be disclosable under the Freedom of Information Acts 1997 to 2003.

...

C10

Application of collectively cited Freedom of Information Acts 1997 and 2003 restricted (13.06.2007) by European Communities (Occurrence Reporting in Civil Aviation) Regulations 2007 (S.I. No. 285 of 2007), reg. 9(2).

Confidentiality of information.

9. (1) This Regulation shall apply without prejudice to the operation of any other law of the State relating to access to information by judicial authorities.

(2) Information received by the competent authority or otherwise by or on behalf of the State (including the AAIU)—

(a) being information referred to in Regulation 7(3) or 8(1), or

(b) being information referred to in the provisions of the law of other Member States corresponding to Regulation 7(3) or 8(1) which give effect to Article 6(1) or 7(1), as the case may be, of the Directive,

shall be treated as confidential and used solely for the objective of the Directive and these Regulations and shall not be disclosable under the Freedom of Information Acts 1997 to 2003.

C11

Transitional provision for application of Act provided (15.05.2007) by Health Act 2007 (23/2007), s. 94, S.I. No. 226 of 2007.

Records of specified bodies.

94.—(1) Each record held by a specified body immediately before the establishment day is on that day transferred to the Authority and is, on and from that day, deemed to be held by the Authority.

(2) Any right of access, under the Freedom of Information Acts 1997 and 2003, to records that before the establishment day of the Authority were held by a body specified under section 86 and that are transferred to the Authority under subsection (1 is not affected by the transfer of those records.

(3) For the purpose of section 18 of the Freedom of Information Act 1997, any act done by the Irish Health Services Accreditation Board before the establishment day of the Authority is deemed to have been done by the Authority.

C12

Application of collectively cited Freedom of Information Acts 1997 and 2003 restricted (1.01.2005) by Health Act 2004 (42/2004), s. 30(4) and (5), S.I. No. 887 of 2004.

Publication and implementation of approved corporate plan.

30.— ...

(4) During the specified period, the Freedom of Information Acts 1997 and 2003 do not apply to a record containing—

(a) a corporate plan, or an amendment to such plan, that has not been approved by the Minister,

(b) a preliminary or other draft of all or part of the contents of a corporate plan or of an amendment to a corporate plan, or

(c) the unamended version of a corporate plan that is approved after being amended in accordance with a direction of the Minister.

(5) For the purpose of subsection (4), the specified period is 5 years beginning on the date of the creation of the record.

C13

Application of collectively cited Freedom of Information Acts 1997 and 2003 restricted (18.07.2004) by Commissions of Investigation Act 2004 (23/2004), s. 40(1) and (2), commenced on enactment.

Restriction of Freedom of Information Acts 1997 to 2003.

40.—(1) The Freedom of Information Acts 1997 [and 2003] do not apply to a record relating to an investigation by a commission unless—

(a) the record was created before the making of the order establishing the commission, or

(b) the record relates to the expenses of the commission or the appointment of persons under section 7 or 8 or other matters concerning the general administration of the commission.

(2) Subsection (1) applies whether the record concerned is held by—

(a) the commission,

(b) the specified Minister after being deposited with him or her under section 43(2),

(d) a body after being transferred to it on the dissolution of a tribunal of inquiry to which the record was made available under section 45.

...

C14

Application of Act restricted (1.01.2004) by Houses of the Oireachtas Commission Act 2003 (28/2003), s. 16(4)(d), commenced on establishment as per s.1.

Functions of the Secretary General.

16.— ...

(4) ...

(d) The Freedom of Information Act 1997 shall not apply to a record containing the following during the period of 5 years immediately following its creation:

(i) a strategic plan that has not been approved under paragraph (a),

(ii) a preliminary or other draft of the whole or part of the material contained in a strategic plan,

(iii) the unamended version of a strategic plan that is approved under paragraph (a) with amendment, or

(iv) a direction under subsection (5) in connection with the obligations of the Secretary General under subsection (4)(a) and (b).

...

C15

Application of collectively cited Freedom of Information Acts 1997 and 2003 restricted (25.07.2003) by European Communities (Electronic Communications Networks and Services)(Framework) Regulations 2003 (S.I. No. 307 of 2003), reg. 17(10).

Provision of information

17. ...

(10) Where the Regulator receives information classified as confidential from the European Commission or from a national regulatory authority of another Member State pursuant to Article 5 of the Framework Directive and the Regulator is satisfied that such information is so classified in accordance with rules of business confidentiality of the European Community or of the Member State from which the information originated, as the case may be, it shall protect the confidentiality of such information. The Freedom of Information Acts 1997 and 2003 do not apply to such information.

...

Confidentiality of information

21. In these Regulations the Regulator shall, subject to the Freedom of Information Acts 1997 and 2003, maintain and accept as confidential any information provided by an undertaking expressed by it to be confidential, except where the Regulator has good reason to consider otherwise.

C16

Application of Act not restricted by Data Protection Act 1988 (25/1988), s. 1(5), as inserted (1.07.2003) by Data Protection (Amendment) Act 2003 (6/2003), s. 2(d), S.I. No. 207 of 2003.

Interpretation and application of Act.

1.— ...

[(5) (a) A right conferred by this Act shall not prejudice the exercise of a right conferred by the Freedom of Information Act 1997.

(b) The Commissioner and the Information Commissioner shall, in the performance of their functions, co-operate with and provide assistance to each other.]

C17

Act included in collective citation (11.04.2003) by Freedom of Information (Amendment) Act 2003 (9/2003), s. 32(2), commenced on enactment.

Short title and collective citation.

32.— ...

(2) The Freedom of Information Act 1997 and this Act may be cited together as the Freedom of Information Acts 1997 and 2003.

C18

Application of Act restricted (1.09.1997) by Public Service Management Act 1997 (27/1997), s. 5(3), S.I. No. 339 of 1997.

Strategy statement.

5.—(1) A statement referred to in this Act as a “strategy statement” shall—

(a) comprise the key objectives, outputs and related strategies (including use of resources) of the Department of State or Scheduled Office concerned,

(b) be prepared in a form and manner in accordance with any directions issued from time to time by the Government, and

...

(3) The Freedom of Information Act, 1997, shall not apply to a record containing—

(a) a strategy statement that has not been approved under subsection (1) (c),

(b) a preliminary or other draft of the whole or part of the material contained in a strategy statement,

(d) a direction under section 7 in connection with the obligations of the Secretary General of a Department or Head of a Scheduled Office under section 4 (1) (b) or 5 (1),

during the period of 5 years immediately following the creation of the record.

Editorial Notes:

Previous affecting provision: application of Act restricted (16.12.1998) by Comptroller and Auditor General and Committees of the Houses of the Oireachtas (Special Provisions) Act 1998 (47/1998), s. 22, commenced on enactment; repealed (25.09.2013) by Houses of the Oireachtas (Inquiries, Privileges and Procedures) Act 2013 (33/2013), s. 5 and sch., S.I. No. 362 of 2013.

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