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 appoint.

(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.

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;

F1["HBFI group entity" has the same meaning as it has in the Home Building Finance Ireland Act 2018;]

“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.

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.

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.

5. The enactments specified in Schedule 4 are repealed to the extent specified in column (3) of that Schedule.

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.

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.

28. (1) A head may refuse to grant an FOI request if the record concerned—

(a) has been, or is proposed to be, submitted to the Government for its consideration by a Minister of the Government or the Attorney General and was created for that purpose,

(b) is a record of the Government other than a record by which a decision of the Government is published to the general public by or on behalf of the Government, or

(c) contains information (including advice) for a member of the Government, the Attorney General, a Minister of State, the Secretary General to the Government for use by him or her solely for the purpose of the transaction of any business of the Government at a meeting of the Government.

(2) A head shall refuse to grant an FOI request if the record concerned—

(a) contains the whole or part of a statement made at a meeting of the Government or information that reveals, or from which may be inferred, the substance of the whole or part of such a statement, and

(b) is not a record—

(i) referred to in paragraph (a) or (c) of subsection (1), or

(ii) by which a decision of the Government is published to the general public by or on behalf of the Government.

(3) Subject to this Act, subsection (1) does not apply to a record referred to in that subsection—

(a) if and in so far as it contains factual information relating to a decision of the Government that has been published to the general public, or

(b) if the record relates to a decision of the Government that was made more than 5 years before the receipt by the head concerned of the FOI request concerned.

(4) A decision to grant an FOI request in respect of a record to which paragraph (a) or (b) of subsection (1) applies shall not be made unless, in so far as it is practicable to do so, the head concerned has, prior to the making of the decision, consulted in relation to the request with—

(a) the leader of each political party to which belonged a member of the Government that made any decision to which the record relates, and

(b) any member of the Government aforesaid who was not a member of a political party.

(5) Where an FOI request relates to a record to which subsection (1) applies, or would, if the record existed, apply, and the head concerned is satisfied that the disclosure of the existence or non-existence of the record would be contrary to the public interest, he or she shall refuse to grant the request and shall not disclose to the requester concerned whether or not the record exists.

(6) In this section—

“decision of the Government” includes the noting or approving by the Government of a record submitted to them;

“record” includes a preliminary or other draft of the whole or part of the material contained in the record;

"Government" includes a committee of the Government, that is to say, a committee appointed by the Government whose membership consists of—

(a) members of the Government, or

(b) one or more members of the Government together with either or both of the following:

(i) one or more Ministers of State;

(ii) the Attorney General.

29. (1) A head may refuse to grant an FOI request—

(a) if the record concerned contains matter relating to the deliberative processes of an FOI body (including opinions, advice, recommendations, and the results of consultations, considered by the body, the head of the body, or a member of the body or of the staff of the body for the purpose of those processes), and

(b) the granting of the request would, in the opinion of the head, be contrary to the public interest,

and, without prejudice to the generality of paragraph (b), the head shall, in determining whether to grant or refuse to grant the request, consider whether the grant thereof would be contrary to the public interest by reason of the fact that the requester concerned would thereby become aware of a significant decision that the body proposes to make.

(2) Subsection (1) does not apply to a record if and in so far as it contains any or all of the following:

(a) matter such as rules, procedures, guidelines, interpretations and precedents used, or intended to be used, by an FOI body for the purpose of making decisions, determinations or recommendations;

(b) factual information;

(c) the reasons for the making of a decision by an FOI body;

(d) a report of an investigation or analysis of the performance, efficiency or effectiveness of an FOI body in relation to the functions generally or a particular function of the body;

(e) a report, study or analysis of a scientific or technical expert relating to the subject of his or her expertise or a report containing opinions or advice of such an expert and not being a report used or commissioned for the purposes of a decision of an FOI body made pursuant to any enactment or scheme.

30. (1) A head may refuse to grant an FOI request if access to the record concerned could, in the opinion of the head, reasonably be expected to—

(a) prejudice the effectiveness of tests, examinations, investigations, inquiries or audits conducted by or on behalf of an FOI body or the procedures or methods employed for the conduct thereof,

(b) have a significant, adverse effect on the performance by an FOI body of any of its functions relating to management (including industrial relations and management of its staff), or

(c) disclose positions taken, or to be taken, or plans, procedures, criteria or instructions used or followed, or to be used or followed, for the purpose of any negotiations carried on or being, or to be, carried on by or on behalf of the Government or an FOI body.

(2) Subsection (1) shall not apply in relation to a case in which in the opinion of the head concerned, the public interest would, on balance, be better served by granting than by refusing to grant the FOI request concerned.

31. (1) A head shall refuse to grant an FOI request if the record concerned—

(a) would be exempt from production in proceedings in a court on the ground of legal professional privilege,

(b) is such that the head knows or ought reasonably to have known that its disclosure would constitute contempt of court, or

(c) consists of—

(i) the private papers of a member of the European Parliament or a member of a local authority, or

(ii) opinions, advice, recommendations, or the results of consultations, considered by—

(I) either House of the Oireachtas or the Chairman or Deputy Chairman or any other member of either such House or a member of the staff of the Houses of the Oireachtas Service for the purposes of the proceedings at a sitting of either such House, or

(II) a committee appointed by either such House or jointly by both such Houses and consisting of members of either or both of such Houses or a member of such a committee or a member of the staff of the Houses of the Oireachtas Service for the purposes of the proceedings at a meeting of such a committee.

(2) A head may refuse to grant an FOI request if the record concerned relates to the appointment or proposed appointment, or the business or proceedings, of—

(a) a tribunal to which the Tribunals of Inquiry (Evidence) Act 1921 applies,

(b) any other tribunal or other body or individual appointed by the Government or a Minister of the Government to inquire into specified matters at least one member, or the sole member, of which holds or has held judicial office or is a barrister or a solicitor, or

(c) any tribunal or other body or individual appointed by either or both of the Houses of the Oireachtas to inquire into specified matters,

and the request is made at a time when it is proposed to appoint the tribunal, body or individual or at a time when the performance of the functions of the tribunal, body or individual has not been completed.

(3) Subsection (2) does not apply to a record in so far as it relates to the general administration of, or of any offices of, a tribunal or other body or an individual specified in that subsection.

(4) Where an FOI request relates to a record to which subsection (1)(a) applies, or would, if the record existed, apply, and the head concerned is satisfied that the disclosure of the existence or non-existence of the record would be contrary to the public interest, he or she shall refuse to grant the request and shall not disclose to the requester concerned whether or not the record exists.

32. (1) A head may refuse to grant an FOI request if access to the record concerned could, in the opinion of the head, reasonably be expected to—

(a) prejudice or impair—

(i) the prevention, detection or investigation of offences, the apprehension or prosecution of offenders or the effectiveness of lawful methods, systems, plans or procedures employed for the purposes of the matters aforesaid,

(ii) the enforcement of, compliance with or administration of any law,

(iii) lawful methods, systems, plans or procedures for ensuring the safety of the public and the safety or security of persons and property,

(iv) the fairness of criminal proceedings in a court or of civil proceedings in a court or other tribunal,

(v) the security of a penal institution,

(vi) the security of a children detention school within the meaning of section 3 of the Children Act 2001,

(vii) the security of a remand centre designated under section 88 of the Children Act 2001,

(viii) the security of the Central Mental Hospital,

(ix) the security of a building or other structure or a vehicle, ship, boat or aircraft, or

(x) the security of any system of communications, whether internal or external, of the Garda Síochána, the Defence Forces, the Revenue Commissioners or a penal institution,

(b) endanger the life or safety of any person, or

(c) facilitate the commission of an offence.

(2) Where an FOI request relates to a record to which subsection (1) applies, or would, if the record existed, apply, and the head concerned is satisfied that the disclosure of the existence or non-existence of the record would have an effect specified in paragraph (a), (b) or (c) of that subsection, he or she shall refuse to grant the request and shall not disclose to the requester concerned whether or not the record exists.

(3) Subsection (1) does not apply to a record—

(a) if it—

(i) discloses that an investigation for the purpose of the enforcement of any law, or anything done in the course of such an investigation or for the purposes of the prevention or detection of offences or the apprehension or prosecution of offenders, is not authorised by law or contravenes any law, or

(ii) contains information concerning—

(I) the performance of the functions of an FOI body whose functions include functions relating to the enforcement of law or the ensuring of the safety of the public (including the effectiveness and efficiency of such performance), or

(II) the merits or otherwise or the success or otherwise of any programme, scheme or policy of an FOI body for preventing, detecting or investigating contraventions of the law or the effectiveness or efficiency of the implementation of any such programme, scheme or policy by an FOI body,

and

(b) in the opinion of the head concerned, the public interest would, on balance, be better served by granting than by refusing to grant the request concerned.

(4) For the purposes of subsection (1) “penal institution” means any or all of the following:

(a) a place to which the Prisons Acts 1826 to 2007 apply;

(b) a military prison or detention barrack within the meaning, in each case, of the Defence Act 1954;

(c) F5[…]

33. (1) A head may refuse to grant an FOI request in relation to a record (and in particular but without prejudice to the generality otherwise of this subsection, to a record to which subsection (2) applies) if, in the opinion of the head, access to it could reasonably be expected to affect adversely—

(a) the security of the State,

(b) the defence of the State,

(c) matters relating to Northern Ireland, or

(d) the international relations of the State.

(2) This subsection applies to a record that—

(a) contains information that relates to the tactics, strategy or operations of the Defence Forces in or outside the State, or

(b) contains a communication between a Minister of the Government or his or her Department or Office and a diplomatic mission or consular post in the State or of the State or a communication between the Government or an officer of a Minister of the Government or another person acting on behalf of such a Minister and another government or a person acting on behalf of another government—

(i) other than where such information was communicated in confidence or relates to negotiations between the State and the other state in question or in relation to such a state, or is a record of that other state containing information the disclosure of which is prohibited by that state, or

(ii) other than a record containing analysis, opinions, advice, recommendations and the results of consultations or information the release of which, in the opinion of the head, could reasonably be expected to affect adversely the international relations of the State,

in which case (that is to say, either of the cases falling within subparagraph (i) or (ii)), the request shall be refused.

(3) A head shall refuse to grant an FOI request if the record concerned—

(a) contains information that was obtained or prepared for the purpose of intelligence in respect of the security or defence of the State,

(b) contains information that relates to the detection, prevention or suppression of activities calculated or tending to undermine the public order or the authority of the State (which expression has the same meaning as in section 2 of the Offences Against the State Act 1939), or

(c) contains information communicated in confidence—

(i) to any person in or outside the State from any person in or outside the State (including any law enforcement agency) and relating to a matter referred to in subsection (1), or to the protection of human rights and expressed by the latter person to be confidential or to be communicated in confidence,

(ii) from, to, or within an international organisation of states or a subsidiary organ of such an organisation or an institution or body of the European Union, or relates to negotiations between the State and such an organisation, organ, institution or within or in relation to such an organisation, organ, institution or body, or is a record of such a body containing information the disclosure of which is prohibited by the organisation, organ, institution or body, or

(iii) (whether generated in the State or elsewhere) in the possession of a public body in relation to planning for, or responses to, threats or incidents in respect of network and information security.

(4) Where an FOI request relates to a record to which subsection (1) applies, or would, if the record existed, apply, and the head concerned is satisfied that the disclosure of the existence or non-existence of the record would prejudice a matter referred to in that subsection, he or she shall refuse to grant the request and shall not disclose to the requester concerned whether or not the record exists.

34. (1) (a) Subject to paragraph (b), where—

(i) a Minister of the Government or the head of an FOI body (other than a Department of State) in relation to which functions stand conferred on that Minister of the Government—

(I) pursuant to section 13, refuses to grant an FOI request to him or her, or

(II) pursuant to section 21, upholds a decision, or decides, to refuse to grant an FOI request,

because he or she is satisfied that, by virtue of section 32 or 33, the record concerned is an exempt record, and

(ii) the Minister of the Government is satisfied, that the record is of sufficient sensitivity or seriousness to justify his or her doing so,

the Minister of the Government may declare, in a certificate issued by him or her (“certificate”), that the record is, by virtue of section 32 or 33, an exempt record.

(b) A Minister of the Government shall not issue a certificate in respect of a record the subject of a decision referred to in clause (I) or (II) of paragraph (a)(i) by the head of an FOI body (other than a Department of State) unless he or she has been requested by the head, in writing or such other form as may be determined, to do so.

(2) Where an application is made to a head for the review under section 21 of a decision to refuse to grant an FOI request, a certificate shall not be issued in respect of the record concerned more than 3 weeks after the date of the receipt of the application by that head.

(3) While a certificate is in force—

(a) the record to which it relates shall, subject to this Act, be deemed conclusively to be an exempt record, and

(b) an application for a review under section 21 or 22, as may be appropriate, of the decision concerned under section 13 or 21 in relation to the record shall not lie.

(4) A document purporting to be a certificate and to be signed by a Minister of the Government shall, unless the contrary is proved, be deemed to be a certificate of that Minister of the Government and to be in force and shall be received in any proceedings in a court or under section 21 or 22 without further proof.

(5) A certificate shall specify—

(a) the FOI request concerned,

(b) the provisions of section 32 or 33, as may be appropriate, by reference to which the record to which it relates is an exempt record,

(c) the date on which the certificate is signed by the Minister of the Government concerned and the date of its expiration, and

(d) the name of the requester,

and shall be signed by the Minister of the Government by whom it is issued.

(6) Upon the issue of a certificate, the Minister of the Government concerned shall cause—

(a) a copy of the certificate to be furnished forthwith to the requester concerned, and

(b) a copy of the certificate and a statement in writing of the reasons why the record to which it relates is an exempt record and of the matter by reference to which the Minister of the Government is satisfied that subsection (1)(a)(ii)applies to the record to be furnished forthwith to the Taoiseach and such other Ministers of the Government as may be prescribed.

(7) (a) Subject to paragraph (b), the Taoiseach, jointly with any other Ministers of the Government standing prescribed under subsection (6), shall—

(i) as soon as may be after 1 January 2015, review the operation of subsection (1), and

(ii) on the expiration of each period of 12 months (or such other period not exceeding 24 months in length as may be prescribed) from that date, review the operation of subsection (1) during that period.

(b) A Minister of the Government shall not take part in a review under this subsection in so far as it relates to a certificate issued by him or her but may make submissions to the other Ministers of the Government concerned in relation to the part of such a review in which he or she is precluded as aforesaid from taking part.

(c) If, following a review under this subsection, the Ministers of the Government concerned are not satisfied—

(i) that a record to which the certificate concerned relates is an exempt record, or

(ii) that any of the information contained in the record is of sufficient sensitivity or seriousness to justify the continuance in force of the certificate,

they shall request the Minister of the Government concerned to revoke the certificate.

(d) A Minister of the Government may, for the purposes of a review by that Minister of the Government under this subsection, examine all relevant records held by or on behalf of or under the control of another head.

(8) (a) The Taoiseach may, at any time, review the operation of subsection (1) in so far as it relates to any other Minister of the Government or the issue of a particular certificate by another Minister of the Government.

(b) Paragraph (c) and (d) of subsection (7) shall have effect in relation to a review under this subsection with the necessary modifications.

(9) A Minister of the Government may, and shall, if so requested pursuant to subsection (7)(c), by instrument signed by him or her, revoke a certificate issued by that Minister of the Government and, if he or she does so, he or she shall cause the requester concerned to be furnished forthwith with a copy of the instrument.

(10) If a certificate or the decision concerned under section 13 or 21 in relation to a record to which a certificate relates is annulled by the High Court under section 24, the certificate shall thereupon expire.

(11) A Minister of the Government shall, in each year after the year in which this section comes into operation, cause to be prepared and furnished to the Commissioner a report in writing specifying the number of certificates issued by him or her in the preceding year and the provisions of section 32 or 33, as may be appropriate, by virtue of which, pursuant to section 13, the grant of the FOI request concerned was refused, or, pursuant to section 21, a decision to uphold a decision to refuse to grant, the FOI request concerned was made.

(12) Where a certificate is revoked or has expired and another certificate is not in force in relation to the record concerned or the certificate is annulled under section 24, the requester concerned may make an application for a review under section 21 or 22, as may be appropriate, of the decision concerned under section 13 or 21 not later than 28 days after the date of the revocation, expiration or annulment, as the case may be.

(13) Subject to subsections (9) and (10), a certificate shall remain in force for a period of 2 years after the date on which it is signed by the Minister of the Government concerned and shall then expire, but a Minister of the Government may, at any time, issue a certificate under this section in respect of a record in relation to which a certificate had previously been issued, unless pursuant to—

(a) a decision (which has not been reversed) following a review under sections 21 or 22, or

(b) a decision under section 24 on an appeal to the High Court,

the record is not an exempt record.

35. (1) Subject to this section, a head shall refuse to grant an FOI request if—

(a) the record concerned contains information given to an FOI body, in confidence and on the understanding that it would be treated by it as confidential (including such information as aforesaid that a person was required by law, or could have been required by the body pursuant to law, to give to the body) and, in the opinion of the head, its disclosure would be likely to prejudice the giving to the body of further similar information from the same person or other persons and it is of importance to the body that such further similar information as aforesaid should continue to be given to the body, or

(b) disclosure of the information concerned would constitute a breach of a duty of confidence provided for by a provision of an agreement or enactment (other than a provision specified in column (3) in Part 1 or 2 of Schedule 3 of an enactment specified in that Schedule) or otherwise by law.

(2) Subsection (1) shall not apply to a record which is prepared by a head or any other person (being a director, or member of the staff of, an FOI body or a service provider) in the course of the performance of his or her functions unless disclosure of the information concerned would constitute a breach of a duty of confidence that is provided for by an agreement or statute or otherwise by law and is owed to a person other than an FOI body or head or a director, or member of the staff of, an FOI body or of such a service provider.

(3) Subject to section 38, subsection (1)(a) shall not apply in relation to a case in which, in the opinion of the head concerned, the public interest would, on balance, be better served by granting than by refusing to grant the FOI request concerned.

(4) Where—

(a) an FOI request relates to a record to which subsection (1) applies but to which subsection (2) and (3) do not apply or would not, if the record existed, apply, and

(b) in the opinion of the head concerned, the disclosure of the existence or non- existence of the record would have an effect specified in subsection (1),

he or she shall refuse to grant the request and shall not disclose to the requester concerned whether or not the record exists.

(5) Subject to section 2, in this section “record” includes information conveyed in confidence in person, by telephone, electronically or in writing (including a written note taken of a phone message by a person authorised to receive such message).

36. (1) Subject to subsection (2), a head shall refuse to grant an FOI request if the record concerned contains—

(a) trade secrets of a person other than the requester concerned,

(b) financial, commercial, scientific or technical or other information whose disclosure could reasonably be expected to result in a material financial loss or gain to the person to whom the information relates, or could prejudice the competitive position of that person in the conduct of his or her profession or business or otherwise in his or her occupation, or

(c) information whose disclosure could prejudice the conduct or outcome of contractual or other negotiations of the person to whom the information relates.

(2) A head shall grant an FOI request to which subsection (1) relates if—

(a) the person to whom the record concerned relates consents, in writing or in such other form as may be determined, to access to the record being granted to the requester concerned,

(b) information of the same kind as that contained in the record in respect of persons generally or a class of persons that is, having regard to all the circumstances, of significant size, is available to the general public,

(c) the record relates only to the requester,

(d) information contained in the record was given to the FOI body concerned by the person to whom it relates and the person was informed on behalf of the body, before its being so given, that the information belongs to a class of information that would or might be made available to the general public, or

(e) disclosure of the information concerned is necessary in order to avoid a serious and imminent danger to the life or health of an individual or to the environment,

but, in a case falling within paragraph (a) or (c), the head shall ensure that, before granting the request, the identity of the requester or, as the case may be, the consent of the person is established to the satisfaction of the head.

(3) Subject to section 38, subsection (1) does not apply in relation to a case in which, in the opinion of the head concerned, the public interest would, on balance, be better served by granting than by refusing to grant the FOI request.

(4) Where—

(a) an FOI request relates to a record to which subsection (1) applies but to which subsections (2) and (3) do not apply or would not, if the record existed, apply, and

(b) in the opinion of the head concerned the disclosure of the existence or non-existence of the record would have an effect specified in subsection (1),

he or she shall refuse to grant the request and shall not disclose to the requester concerned whether or not the record exists.

37. (1) Subject to this section, a head shall refuse to grant an FOI request if, in the opinion of the head, access to the record concerned would involve the disclosure of personal information (including personal information relating to a deceased individual).

(2) Subsection (1) does not apply if—

(a) subject to subsection (3), the information concerned relates to the requester concerned,

(b) any individual to whom the information relates consents, in writing or such other form as may be determined, to its disclosure to the requester,

(c) information of the same kind as that contained in the record in respect of individuals generally, or a class of individuals that is, having regard to all the circumstances, of significant size, is available to the general public,

(d) the information was given to the FOI body concerned by the individual to whom it relates and the individual was informed on behalf of the body, before its being so given, that the information belongs to a class of information that would or might be made available to the general public, or

(e) disclosure of the information is necessary in order to avoid a serious and imminent danger to the life or health of an individual,

but, in a case falling within paragraph (a) or (b), the head concerned shall ensure that, before the FOI request concerned is granted, the identity of the requester or, as the case may be, the consent of the individual is established to the satisfaction of the head.

(3) Where an FOI request relates to—

(a) a record of a medical or psychiatric nature relating to the requester concerned, or

(b) a record kept for the purposes of, or obtained in the course of the carrying out of, social work in relation to the requester,

and, in the opinion of the head concerned, disclosure of the information concerned to the requester might be prejudicial to his or her physical or mental health, well-being or emotional condition, the head may decide to refuse to grant the request.

(4) Where, pursuant to subsection (3), a head refuses to grant an FOI request—

(a) there shall be included in the notice under section 13(1) in relation to the matter a statement to the effect that, if the requester requests the head to do so, the head will offer access to the record concerned, and keep it available for that purpose, in accordance with section 13(3) to such health professional having expertise in relation to the subject-matter of the record as the requester may specify, and

(b) if the requester so requests the head, he or she shall offer access to the record to such health professional as aforesaid, and keep it available for that purpose, in accordance with section 13(3).

(5) Where, as respects an FOI request the grant of which would, but for this subsection, fall to be refused under subsection (1), in the opinion of the head concerned, on balance—

(a) the public interest that the request should be granted outweighs the public interest that the right to privacy of the individual to whom the information relates should be upheld, or

(b) the grant of the request would benefit the individual aforesaid,

the head may, subject to section 38, grant the request.

(6) Where—

(a) an FOI request relates to a record to which subsection (1) applies but to which subsection (2) and (5) do not apply or would not, if the record existed, apply, and

(b) in the opinion of the head concerned the disclosure of the existence or non- existence of the record would have the effect specified in subsection (1),

he or she shall refuse to grant the request and shall not disclose to the requester concerned whether or not the record exists.

(7) Notwithstanding paragraph (a) of subsection (2), a head shall, subject to paragraphs (b) to (e) of that subse ction and subsections (5) and (8), refuse to grant an FOI request if, in the opinion of the head, access to the record concerned would, in addition to involving the disclosure of personal information relating to the requester, also involve the disclosure of personal information relating to an individual or individuals other than the requester.

(8) Notwithstanding subsection (1), the Minister may provide by regulations for the grant of an FOI request where—

(a) the individual to whom the record concerned relates belongs to a class specified in the regulations and the requester concerned is the parent or guardian of the individual, or

(b) the individual to whom the record concerned relates is dead and the requester concerned is a member of a class specified in the regulations.

(9) In this section “health professional” means a medical practitioner, within the meaning of the Medical Practitioners Act 2007, a registered dentist, within the meaning of the Dentists Act 1985, or a member of any other class of health worker or social worker standing prescribed, after consultation with such (if any) other Ministers of the Government as the Minister considers appropriate.

38. (1) In this section “request to which this section applies” means an FOI request to which section 35(3), section 36(3) or section 37(5)(a) applies and which, apart from this section, would fall to be granted.

(2) Subject to subsection (6), before deciding whether to grant a request to which this section applies, a head shall, not later than 2 weeks after the receipt of the request—

(a) if the request is one to which section 35(3) applies, cause the person who gave the information concerned to the FOI body concerned and, if the head considers it appropriate, the person to whom the information relates, or

(b) if the request is one to which section 36(3) or 37(5)(a)applies, cause the person to whom the information relates,

to be notified, in writing or in such other form as may be determined—

(i) of the request and that, apart from this section, it falls, in the public interest, to be granted,

(ii) that the person may, not later than 3 weeks after the receipt of the notification, make submissions to the head in relation to the request, and

(iii) that the head will consider any such submissions before deciding whether to grant or refuse to grant the request.

(3) (a) The head may, as respects a request to which this section applies received by him or her, extend the period specified in subsection (2) for compliance with that subsection by such period as he or she considers necessary but not exceeding a period of 2 weeks if in the opinion of the head—

(i) the request relates to such number of records, or

(ii) the number of persons required by subsection (2) to be notified of the matters referred to in paragraph (i) to (iii) of that subsection is such,

that compliance with that subsection within the period specified therein is not reasonably possible.

(b) Where a period is extended under this subsection, the head concerned shall cause notice in writing, or in such other form as may be determined, to be given to the requester concerned, before the expiration of the period, of the extension and the period thereof and reasons therefor.

(c) The reference in subsection (2) to 2 weeks shall be construed in accordance with any extension under this subsection of that period.

(4) A person who receives a notification under subsection (2) may, not later than 3 weeks after such receipt, make submissions to the head concerned in relation to the request to which this section applies referred to in the notification and the head—

(a) shall consider any such submissions so made before deciding whether to grant the request,

(b) shall cause the person to be notified in writing or in such other form as may be determined of the decision, and

(c) if the decision is to grant the request, shall cause to be included in the notification particulars of the right of review of the decision under section 22, the procedure governing the exercise of that right and the time limit governing such exercise.

(5) Subject to subsection (6), a head shall make a decision whether to grant a request to which this section applies, and shall comply with subsection (4) in relation thereto, not later than 2 weeks after—

(a) the expiration of the time specified in subsection (4), or

(b) the receipt of submissions under that subsection in relation to the request from those concerned,

whichever is the earlier, and section 13(1) shall be construed and shall have effect accordingly.

(6) If, in relation to a request to which this section applies, the head concerned is unable to comply with subsection (2), having taken all reasonable steps to do so, the head shall, if the Commissioner consents to the non-compliance, make a decision whether to grant or refuse the request not later than 7 weeks after the receipt of the request and in such a case section 13(1) shall be construed and shall have effect accordingly.

(7) If, in relation to a request to which this section applies, the Commissioner does not consent, pursuant to subsection (6), to non-compliance with subsection (2), he or she shall direct the head concerned to take specified steps within a specified period for the purpose of complying with subsection (2) and if, having taken those steps within that period or such further period as the Commissioner may specify, the head is unable to comply with that subsection, he or she shall, as soon as may be, make a decision whether to grant or refuse the request.

39. (1) A head may refuse to grant an FOI request if, in the opinion of the head—

(a) the record concerned contains information in relation to research being or to be carried out by or on behalf of an FOI body and disclosure of the information or its disclosure before the completion of the research would be likely to expose the body, any person who is or will be carrying out the research on behalf of the body or the subject matter of the research to serious disadvantage, or

(b) disclosure of information contained in the record could reasonably be expected to prejudice the well-being of a cultural, heritage or natural resource or a species, or the habitat of a species, of flora or fauna.

(2) Subsection (1) does not apply in relation to a case in which, in the opinion of the head concerned, the public interest would, on balance, be better served by granting than by refusing to grant the FOI request concerned.

40. (1) A head may refuse to grant an FOI request in relation to a record (and, in particular, but without prejudice to the generality otherwise of this subsection, to a record to which subsection (2) applies) if, in the opinion of the head—

(a) access to the record could reasonably be expected to have a serious, adverse effect on the ability of the Government to manage the national economy or on the financial interests of the State,

(b) premature disclosure of information contained in the record could reasonably be expected to result in undue disturbance of the ordinary course of business generally, or any particular class of business, in the State and access to the record would involve disclosure of the information that would, in all the circumstances, be premature,

(c) access to the record could reasonably be expected to have a negative impact on decisions by enterprises to invest or expand in the State, on their research activities or on the effectiveness of the industrial development strategy of the State, particularly in relation to the strategies of other states, or

(d) access to the record could reasonably be expected to result in an unwarranted benefit or loss to a person or class of persons.

(2) This subsection applies to a record relating to—

(a) rates of exchange or the currency of the State,

(b) taxes, revenue duties or other sources of income for the State, a local authority or any other public body,

(c) interest rates,

(d) borrowing by or on behalf of the State or a public body,

(e) the regulation or supervision by or on behalf of the State or a public body of the business of banking or insurance or the lending of money or of other financial business or of institutions or other persons carrying on any of the businesses aforesaid,

(f) dealings in securities or foreign currency,

(g) the regulation or control by or on behalf of the State or a public body of wages, salaries or prices,

(h) proposals in relation to expenditure by or on behalf of the State or a public body including the control, restriction or prohibition of any such expenditure,

(i) property or other assets held by or on behalf of the State or a public body and transactions or proposed or contemplated transactions involving such property, or other assets,

(j) foreign investment in enterprises in the State,

(k) industrial development in the State,

(l) trade between persons in the State and persons outside the State,

(m) trade secrets or financial, commercial, industrial, scientific or technical information belonging to the State or a public body, that are of substantial value or reasonably likely to be of substantial value,

(n) information the disclosure of which could reasonably be expected to affect adversely the competitive position of a public body in relation to activities carried on by it on a commercial basis,

(o) the economic or financial circumstances of a public body,

(p) investment or provision of financial support by or on behalf of the State or a public body,

(q) liabilities of the State or a public body, or

(r) advising on or managing public infrastructure projects, including public private partnership arrangements (within the meaning of the State Authorities (Public Private Partnership Arrangements) Act 2002).

(3) Subsection (1) does not apply in relation to a case in which, in the opinion of the head concerned, the public interest would, on balance, be better served by granting than by refusing to grant the FOI request concerned.

41. (1) A head shall refuse to grant an FOI request if—

(a) the disclosure of the record concerned is prohibited by law of the European Union or any enactment (other than a provision specified in column (3) of Part 1 or 2 of Schedule 3 of an enactment specified in that Schedule), or

(b) the non-disclosure of the record is authorised by any such enactment in certain circumstances and the case is one in which the head would, pursuant to the enactment, refuse to disclose the record.

(2) A joint committee of both Houses of the Oireachtas shall, if authorised in that behalf by both such Houses (and such a committee so authorised is referred to subsequently in this section as “the committee”)—

(a) review from time to time the operation of any provisions of any enactment that authorise or require the non-disclosure of a record (other than a provision specified in the said column (3) ) for the purpose of ascertaining whether, having regard to the provisions, purposes and spirit of this Act—

(i) any of those provisions should be amended or repealed, or

(ii) a reference to any of them should be included in the said column (3),

and

(b) prepare and furnish to each such House a report in writing of the results of the review aforesaid and, if it considers it appropriate to do so, include in the report recommendations in relation to the amendment, repeal or continuance in force of, or the inclusion in the said column (3) of a reference to, any of those provisions.

(3) A Minister of the Government shall, in accordance with subsection (6), prepare and furnish to the committee reports in writing—

(a) specifying, as respects any enactments that confer functions on that Minister of the Government or on an FOI body in relation to which functions are vested in that Minister of the Government, any provisions thereof that authorise or require the non-disclosure of a record, and

(b) specifying whether, in the opinion of that Minister of the Government and (where appropriate) any such FOI body, formed having regard to the provisions, purposes and spirit of this Act—

(i) any of the provisions referred to in paragraph (a) should be amended, repealed or allowed to continue in force, or

(ii) a reference to any of them should be included in the said column (3),

and outlining the reasons for the opinion.

(4) A Minister of the Government shall cause a copy of a report prepared by him or her under subsection (3) to be furnished to the Commissioner and to be laid before each House of the Oireachtas.

(5) The Commissioner may, and shall, if so requested by the committee, furnish to the committee his or her opinion and conclusions in relation to a report under subsection (3) or any matter contained in or arising out of such a report or any matter relating to or arising out of the operation of this section.

(6) The first report under subsection (3) of a Minister of the Government shall be furnished by him or her in accordance with that subsection not later than 30 days after the fifth anniversary of the day on which the last previous report, under section 32(3) of the Act of 1997, by him or her was furnished to the joint committee concerned, and subsequent reports under subsection (3) of that Minister of the Government shall be so furnished not later than 30 days after the fifth anniversary of the last previous such report by him or her was so furnished.

42. This Act does not apply to—

(a) a record held by—

(i) the courts, or

(ii) 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 Garda Síochána that relates to any of the following:

(i) the Emergency Response Unit;

(ii) the Secret Service Fund maintained by it;

(iii) the Special Detective Unit (SDU);

(iv) the witness protection programme sponsored by it;

(v) the Security and Intelligence Section;

(vi) the management and use of covert intelligence operations;

(vii) the Interception of Postal Packets and Telecommunications Messages (Regulation) Act 1993;

(viii) the Criminal Justice (Terrorist Offences) Act 2005;

(ix) the Criminal Justice (Surveillance) Act 2009;

(x) the Communications (Retention of Data) Act 2011,

(c) a record held by—

(i) the Criminal Assets Bureau,

(ii) the Defence Forces relating to—

(I) the Offences against the State Acts 1939 to 1998,

(II) section 170 of the Defence Act 1954,

(III) the Interception of Postal Packets and Telecommunications Messages (Regulation) Act 1993,

(IV) the Criminal Justice (Terrorist Offences) Act 2005,

(V) the Criminal Justice (Surveillance) Act 2009,

(VI) the Communications (Retention of Data) Act 2011, or

(VII) the Data Protection Acts 1988 and 2003 in respect of the statutory powers of an officer under section 8 of the Data Protection Act 1988,

(iii) the Independent Commission for the Location of Victims’ Remains (within the meaning of the Criminal Justice (Location of Victims’ Remains) Act 1999), F6[…]

(iv) the Independent Monitoring Commission F7[(within the meaning of the Independent Monitoring Commission Act 2003), and],

F8[(v) the Independent Reporting Commission established by the Agreement (within the meaning of the Independent Reporting Commission Act 2017),]

(e) a record relating to—

(i) an inquiry into any matter by a tribunal to which the Tribunals of Inquiry (Evidence) Act 1921, is applied, whether the record concerned—

(I) is held by the tribunal of inquiry, or

(II) is deposited with a person, or at a place, in compliance with the requirements of a notice under section 46(1) of the Civil Law (Miscellaneous Provisions) Act 2011 given to the chairman or former chairman, as the case may be, of the tribunal of inquiry,

or

(ii) an investigation by a commission of investigation within the meaning of the Commissions of Investigation Act 2004, whether the record concerned is held by—

(I) the commission of investigation,

(II) the specified Minister after being deposited with him or her under section 43(2) of the Commissions of Investigation Act 2004,

(III) a tribunal of inquiry after being made available to it under section 45 of that Act, or

(IV) 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 of that Act,

other than—

(A) a record created before the appointment of the tribunal or the making of the order establishing the commission, or

(B) a record relating to the expenses of the tribunal or commission or other matters concerning the general administration of the tribunal or commission,

(C) a record relating to the appointment of persons under section 7 or 8 of the Commissions of Investigation Act 2004,

F9[(ea) a record held by the CervicalCheck Tribunal (in this paragraph referred to as "the Tribunal") or, after the Tribunal has been dissolved, the Minister for Health, relating to the Tribunal, other than a record relating to the expenses of the Tribunal or other matters concerning the general administration of the Tribunal,]

F10[(eb) a record relating to an investigation under section 15, 30, 47, 76 or 88 of the Assisted Decision-Making (Capacity) Act 2015 that has been, or is being, carried out by the Director of the Decision Support Service or a person to whom he or she has delegated his or her functions under section 98(2) of that Act.]

(f) a record held or created by the Attorney General or the Director of Public Prosecutions or the Office of the Attorney General or the Office of Director of Public Prosecutions, other than a record relating to general administration,

(g) a record relating to an audit, inspection, investigation or examination carried out by the Comptroller and Auditor General under the Comptroller and Auditor General Acts 1923 to 1993, the Exchequer and Audit Department Acts 1866 and 1921, or any other enactment, other than —

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

(ii) a record relating to the general administration of the Office of the Comptroller and Auditor General,

(h) a record relating to the President,

(i) a record held by the Central Bank of Ireland, the disclosure of which is prohibited by—

(i) the Rome Treaty,

(ii) the ESCB Statute, or

(iii) any of the Supervisory Directives,

within the meaning of the Central Bank Act 1942,

(j) a record given by an FOI 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)),

F11[(ja) a record relating to a report, within the meaning of the Protected Disclosures Act 2014 , made under that Act, whether the report was made before or after the date of the passing of the Protected Disclosures (Amendment) Act 2022,]

(k) 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 confidential,

(l) unless consent has been lawfully given for its disclosure, 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, or

(m) 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 in confidence in relation to the enforcement or administration of the law to an FOI body, or where such information is otherwise in its possession, or

(ii) any other source of such information provided in confidence to an FOI body, or where such information is otherwise in its possession.

43. (1) Notwithstanding the repeal of the Act of 1997 by section 5, the office of the Information Commissioner shall continue in being and the holder of the office shall continue in office and be known as the Information Commissioner.

(2) The Commissioner shall be a corporation sole with perpetual succession and an official seal and with power—

(a) to sue and be sued, and

(b) with the consent of the Minister and the Minister for Finance, to acquire, hold and dispose of land or an interest in land, and to acquire, hold and dispose of any other property.

(3) The Commissioner shall be independent in the performance of his or her functions.

(4) The appointment of a person to be the Commissioner shall be made by the President on the advice of the Government following a resolution passed by Dáil Éireann and by Seanad Éireann recommending the appointment of the person.

(5) (a) Subject to this section, Schedule 2 shall have effect in relation to the Commissioner.

(b) Section 2(6) of the Ombudsman Act 1980 shall not apply to a person who holds the office of Ombudsman and also holds the office of Commissioner.

(c) Paragraph 5 of Schedule 2 shall not have effect in relation to remuneration in a case where the person who holds the office of Ombudsman also holds the office of Commissioner.

44. (1) The Commissioner shall keep the operation of this Act under review and may carry out an investigation at any time into the practices and procedures adopted by FOI bodies generally or any particular FOI body or FOI bodies for the purposes of compliance with—

(a) the provisions of this Act generally, or

(b) any particular provisions of this Act.

(2) The Commissioner may at any time carry out an investigation into the practices and procedures adopted by FOI bodies or any particular FOI body or FOI bodies for the purposes of enabling persons to exercise the rights conferred by this Act and facilitating such exercise.

(3) The Commissioner may at any time prepare a report, in writing or such other form as may be determined—

(a) of his or her findings and conclusions resulting from the performance of any function under subsection (1) or (2), or

(b) on any matter relating to or arising out of the performance of such a function.

(4) The Commissioner shall, if he or she considers it appropriate to do so, cause a copy of a report under this section to be furnished to the Minister and to each FOI body concerned and shall cause a copy of the report to be appended to the report under section 47(2) prepared next after the preparation of the first-mentioned report.

45. (1) The Commissioner may, for the purposes of a review under section 22 or an investigation under section 44—

(a) require any person who, in the opinion of the Commissioner, is in possession of information, or has a record in his or her power or control, that, in the opinion of the Commissioner, is relevant to the purposes aforesaid to furnish to the Commissioner any such information or record that is in his or her possession or, as the case may be, power or control and, where appropriate, require the person to attend before him or her for that purpose, and

(b) examine and take copies in any form of, or of extracts from any record that, in the opinion of the Commissioner, is relevant to the review or investigation and for those purposes take possession of any such record, remove it from the premises and retain it in his or her possession for a reasonable period.

(2) The Commissioner may for the purposes of such a review or investigation as aforesaid enter any premises occupied by an FOI body and there—

(a) require any person found on the premises to furnish him or her with such information in the possession of the person as he or she may reasonably require for the purposes aforesaid and to make available to him or her any record in his or her power or control that, in the opinion of the Commissioner, is relevant to those purposes, and

(b) examine and take copies of, or of extracts from, any record made available to him or her as aforesaid or found on the premises.

(3) Subject to subsection (4), no enactment or rule of law prohibiting or restricting the disclosure or communication of information shall preclude a person from furnishing to the Commissioner any such information or record, as aforesaid.

(4) A person to whom a requirement is addressed under this section shall be entitled to the same immunities and privileges as a witness in a court.

(5) The Commissioner may, if he or she thinks fit, pay to any person who, for the purposes of a review under section 22, or an investigation under section 44, attends before the Commissioner or furnishes information or a record or other thing to him or her—

(a) sums in respect of travelling and subsistence expenses properly incurred by the person, and

(b) allowances by way of compensation for loss of his or her time,

of such amount as may be determined by the Minister.

(6) Subject to this Act, the procedure for conducting a review under section 22 or an investigation under section 44 shall be such as the Commissioner considers appropriate in all the circumstances of the case and, without prejudice to the foregoing, shall be as informal as is consistent with the due performance of the functions of the Commissioner.

(7) A person who fails or refuses to comply with a requirement under this section or who hinders or obstructs the Commissioner in the performance of his or her functions under this section shall be guilty of an offence and be liable on summary conviction to a class A fine or imprisonment for a term not exceeding 6 months or both.

(8) Where an FOI body fails to comply with a binding decision of the Commissioner under this Act, the Information Commissioner may apply to the court for an order to oblige the FOI body to comply with the decision.

(9) This section does not apply to a record in respect of which a certificate under section 34 is in force.

(10) Subsection (2) shall not apply to—

(a) information, documents or things designated by regulations made under section 126(1)(a) of the Garda Síochána Act 2005, or

(b) Garda Síochána stations designated by regulations made under section 126(1)(b) of the Garda Síochána Act 2005,

except to the extent specified in a direction of the Minister for Justice and Equality.

(11) In deciding where to issue a direction under subsection (10) the Minister shall take into account the public interest.

(12) The Commissioner shall comply with the provisions on professional secrecy in—

(a) the Rome Treaty,

(b) the ESCB Statute, or

(c) any of the Supervisory Directives,

(within the meaning of the Central Bank Act 1942) in holding and dealing with information contained in records provided to him or her by the Bank under this Act.

46. The Commissioner may prepare and publish commentaries on the practical application and operation of the provisions, or any particular provisions, of this Act, including commentaries based on the experience of holders of the office of Commissioner in relation to reviews, and decisions following reviews, of such holders under section 22.

47. (1) The Commissioner shall publish—

(a) any decision in relation to any review under section 22, and

(b) when proceedings have concluded, a summary of any appeal under section 24.

(2) The Commissioner shall annually prepare a report in relation to his or her activities under this Act in the previous year, append to the report a copy of any report furnished to him or her under section 34(11), and cause copies of the report and copies of any reports furnished under section 34(11) to be laid before each House of the Oireachtas.

(3) The Commissioner may, if he or she considers it appropriate to do so in the public interest or in the interests of any person, prepare and publish a report in relation to any investigation, or review carried out or other function performed, by him or her under this Act or any matter relating to or arising in the course of such an investigation, review or performance.

48. (1) The Minister may draw up and publish a code of practice (the “code”) and guidelines (including guidelines in relation to matters contained in the code) for the effective and efficient operation of this Act to assist FOI bodies in the performance of their functions under this Act.

(2) The code may include provisions to promote the publication of official and other information held by FOI bodies that might otherwise be the subject of FOI requests.

(3) FOI bodies shall have regard to the code and any guidelines in the performance of their functions under this Act.

(4) Notice of the making of a code under this section shall be published in Iris Oifigiúil as soon as convenient after the making thereof.

49. (1) This section applies to—

(a) an act consisting of the publication under section 8 of a document specified in that section,

(b) an act consisting of the furnishing to a person under section 10 of a statement specified in that section, or

(c) an act consisting of the grant or the grant in part under section 13 or by virtue of section 21 or 22 of an FOI request,

being an act that was required or authorised by, and complied with the provisions of, this Act or was reasonably believed by the head concerned to have been so required or authorised and to comply with this Act.

(2) Subject to this section, civil or criminal proceedings shall not lie in any court—

(a) against—

(i) the State,

(ii) an FOI body,

(iii) a head,

(iv) a director or a member of the staff of an FOI body, or

(v) a service provider,

in respect of an act to which this section applies or any consequences of such an act, or

(b) against the author of a record to which an act specified in subsection (1)(c) relates or any other person in respect of any publication involved in, or resulting from, that act by reason of that author or other person having supplied the record to the FOI body.

(3) Subsection (2) does not apply in relation to proceedings for breach of a duty imposed by section 8.

(4) Civil or criminal proceedings shall not lie in any court against the Commissioner or a member of the staff of the Commissioner in respect of anything said or done in good faith by the Commissioner or member in the course of the performance or purported performance of a function of the Commissioner or member.

(5) The grant of an FOI request shall not be taken as constituting an authorisation or approval of the doing by the requester concerned, in relation to any sound recording or film, contained in the record concerned, of any act otherwise prohibited.

(6) Without prejudice to the generality of subsection (5), the grant of an FOI request shall not be taken as constituting an authorisation or approval—

(a) for the purposes of the law relating to defamation or breach of confidence, of the publication of the record concerned or any information contained therein by the requester concerned or any other person, or

(b) for the purposes of the law of copyright, of the doing by the requester concerned of any act restricted by copyright in—

(i) any literary, dramatic, musical or artistic work,

(ii) any sound recording, film or broadcast,

(iii) the typographical arrangement of a published edition, or

(iv) an original database,

contained in the record concerned.

(7) A word or expression that is used in subsection (5) or (6) and is also used in the Copyright and Related Rights Act 2000 has in those subsections the same meaning as in that Act.

50. Section 33AK(5) of the Central Bank Act 1942 is amended by substituting for paragraph (as) the following:

“(as) for the purposes of contractual or institutional protection schemes as referred to in Article 113(7) of Regulation (EU) No 575/2013 of the European Parliament and of the Council of 26 June 2013¹, or

(at) to the Information Commissioner that is required for the performance of that Commissioner’s functions under the Freedom of Information Act 2014.”

51. (1) A person who is, or reasonably believes that he or she is, authorised by this Act to communicate official information to another person shall be deemed for the purposes of section 4 of the Official Secrets Act 1963 to be duly authorised to communicate that information.

(2) In a prosecution for an offence under section 5 or 9 of that Act, it shall be a defence to prove that the act to which the charge of the offence relates is authorised, or is reasonably believed by the person charged to be authorised, by this Act.

52. Where an FOI request has been made in respect of a record, a person who without lawful excuse and with intention to deceive destroys or materially alters a record shall be guilty of an offence and be liable on summary conviction to a class B fine.

53. (1) Notwithstanding section 10(4) of the Petty Sessions (Ireland) Act 1851, proceedings for an offence under this Act may be instituted at any time within 12 months from the date of the offence or, if later, 12 months from the date on which evidence that, in the opinion of the person by whom the proceedings are brought, is sufficient to justify the bringing of the proceedings comes to that person’s knowledge.

(2) Where an offence under this Act is committed by a body corporate or by a person purporting to act on behalf of a body corporate or an unincorporated body of persons and is proved to have been committed with the consent, connivance or approval of, or to have been attributable to any wilful neglect on the part of, any person who, when the offence was committed, was a director, a member of the committee of management or other controlling authority of the body concerned, or the manager, secretary or other officer of the body or a person who was purporting to act in any such capacity, that person shall also be guilty of an offence and be liable to be proceeded against and punished as if guilty of the first-mentioned offence.

54. (1) Subject to subsection (2), and notwithstanding section 26(2)(d) or any other provision of the Interpretation Act 2005, regulations made under the Act of 1997 shall cease to be in force on the commencement of this Act.

(2) The Regulations specified in Schedule 5 shall continue in force as if made under this Act and may be amended or revoked accordingly.

55. (1) Any action commenced under the Act of 1997 but not completed before the commencement of section 5 of this Act shall continue to be performed and shall be completed after such commencement as if the Act of 1997 had not been repealed.

(2) Where, immediately before the commencement of section 5, any legal proceedings are pending to which the Commissioner is a party, the proceedings may continue as if the Act of 1997 had not been repealed.