Freedom of Information (Amendment) Act 2003

1 Definition.

1.—In this Act “Principal Act” means the Freedom of Information Act 1997.

2 Amendment of section 2 (interpretation) of Principal Act.

2.—Section 2 of the Principal Act is amended in subsection (1)—

(a) in the definition of “record”, by adding, after “two or more of the foregoing”, “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;”,

(b) by substituting the following for the definition of “local authority”:

“ ‘local authority’ means a local authority for the purposes of the Local Government Act 2001;”,

and

(c) by adding the following definitions:

“ ‘factual information’ includes information of a statistical, econometric or empirical nature, together with any analysis thereof;

‘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 and ‘weeks’ shall be construed accordingly.”.

3 Amendment of section 4 (delegation of certain functions of heads) of Principal Act.

3.—Section 4 of the Principal Act is amended by deleting subsection (5).

4 Amendment of section 6 (right of access to records) of Principal Act.

4.—Section 6 of the Principal Act is amended by the addition of the following subsection:

“(11) (a) In subsection (4) to (6), ‘commencement of this Act’, in relation to local authorities and health boards, means 21 October, 1998.

(b) In subsection (9), ‘person’ does not include a public body or any other body, organisation or group that is specified in clauses (a) to (g) of subparagraph (5) of paragraph 1 of the First Schedule and does not stand prescribed for the time being for the purposes of that subparagraph.”.

5 Amendment of section 7 (requests for access to records) of Principal Act.

5.—Section 7 of the Principal Act is amended by inserting the following subsection after subsection (7):

“(8) A person who makes a request under subsection (1) may, at any time before the making of a decision under section 8(1) in relation to the request, by notice in writing or in such other form as may be determined, given to the head concerned, withdraw the request and the head concerned shall cause notice of the withdrawal to be given to any other person to whom, in the opinion of the head, it should be given.”.

6 Amendment of section 8 (decisions on requests under section 7 and notification of decisions) of Principal Act.

6.—Section 8 of the Principal Act is amended—

(a) in subsection (2), in paragraph (d)(ii), by substituting “section 19(5), 22(2), 23(2), 24(3), 26(4), 27(4) or 28(5A)” for “section 19(5), 22(2), 23(2) or 24(3)”,

and the said subsection (2) (other than paragraphs (a) to (c) and (e) and (f) as so amended is set out in the Table to this section.

and

(b) in subsection (4), by substituting “Subject to the provisions of this Act, in deciding” for “In deciding”,

and the said subsection (4), as so amended, is set out in the Table to this section.

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(2) A notice under subsection (1) shall specify—
(d) if the request aforesaid is refused, whether wholly or in part—
(i) the reasons for the refusal, and
(ii) unless the refusal is pursuant to section 19(5), 22(2), 23(2), 24(3), 26(4), 27(4) or 28(5A), any provision of this Act pursuant to which the request is refused and the findings on any material issues relevant to the decision and particulars of any matter relating to the public interest taken into consideration for the purposes of the decision,
(4) Subject to the provisions of this Act, in deciding whether to grant or refuse to grant a request under section 7—
(a) any reason that the requester gives for the request, and
(b) any belief or opinion of the head as to what are the reasons of the requester for the request.
shall be disregarded.

7 Amendment of section 10 (refusal on administrative grounds to grant requests under section 7) of Principal Act.

7.—Section 10 of the Principal Act is amended in subsection (1)—

(a) by deleting “the other” in paragraph (c),

(b) in paragraph (e), by inserting “, or forms part of a pattern of manifestly unreasonable requests from the same requester or from different requesters who, in the opinion of the head, appear to have made the requests acting in concert” after “vexatious”, and

(c) in paragraph (f), by inserting “in respect of the request concerned or in respect of a previous request by the same requester” after “section 47”,

and the said subsection (1) (other than paragraphs (a), (b) and (d)), as so amended, is set out in the Table to this section.

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(1) A head to whom a request under section 7 is made may refuse to grant the request if—
(c) in the opinion of the head, granting the request would, by reason of the number or nature of the records concerned or the nature of the information concerned, require the retrieval and examination of such number of records or an examination of such kind of the records concerned as to cause a substantial and unreasonable interference with or disruption of work of the public body concerned,
(e) the request is, in the opinion of the head, frivolous or vexatious, or forms part of a pattern of manifestly unreasonable requests from the same requester or from different requesters who, in the opinion of the head, appear to have made the requests acting in concert, or
(f) a fee or deposit payable under section 47 in respect of the request concerned or in respect of a previous request by the same requester has not been paid.

8 Amendment of section 13 (access to parts of records) of Principal Act.

8.—Section 13 of the Principal Act is amended in subsection (3) by substituting “section 19(5), 22(2), 23(2), 24(3), 26(4), 27(4) or 28(5A)” for “section 19(5), 22(2), 23(2) or 24(3)”, and the said subsection (3), as so amended, is set out in the Table to this section.

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(3) Where a requester is offered access to a copy of part of a record under this section, then (unless the record is one to which section 19(5), 22(2), 23(2), 24(3), 26(4), 27(4) or 28(5A) applies), the notice under section 8(1) concerned shall specify that such access is offered pursuant to this section and that the copy does not purport to be a copy of the complete record to which the request under section 7 relates and shall also specify the nature of the matter contained in the record by virtue of which subsection (1) applies to the record.

9 Amendment of section 14 (review by heads of decisions) of Principal Act.

9.—Section 14 of the Principal Act is amended—

(a) in subsection (5), in paragraph (c), by substituting “section 10(1)(c), 19(5), 22(2), 23(2), 24(3), 26(4), 27(4) or 28(5A)” for “section 10(1)(c), 19(5), 22(2), 23(2) or 24(3)”,

and the said subsection (5) (other than paragraphs (a) and (b) and (d) to (f)), as so amended, is set out in the Table to this section,

and

(b) by substituting the following subsection for subsection (8):

“(8) The relevant person concerned may, at any time before the making of a decision under subsection (2) following the review concerned, by notice in writing or in such other form as may be determined, given to the head concerned, withdraw the application concerned under that subsection and the head concerned shall cause a copy of any notice given to him or her under this subsection to be given to any other person to whom, in the opinion of the head, it should be given.”.

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(5) A notice under subsection (4) shall specify—
(c) if the decision is to refuse to grant, wholly or in part, the request aforesaid, the information specified in subparagraph (i) of paragraph (d) of section 8(2) and, if the refusal is not pursuant to section 10(1)(c), 19(5), 22(2), 23(2), 24(3), 26(4), 27(4) or 28(5A), the information specified in subparagraph (ii) of that paragraph,

10 Amendment of section 15 (publication of information about public bodies) of Principal Act.

10.—Section 15 of the Principal Act is amended—

(a) by deleting subsection (4),

(b) in subsection (6), in paragraph (d), by substituting the following subparagraph for subparagraph (ii):

“(ii) the period of 12 months or of such other length as may be determined beginning on the expiration of the period aforesaid and each subsequent period of 12 months or of such other length as may be determined beginning on the expiration of the period of 12 months or of such other length as may be determined immediately preceding.”,

(c) in subsection (7), by substituting “subsection (1) or (2)” for “subsection (1), (2) or (4)”, and

(d) by inserting the following subsection after subsection (8):

“(9) In this section ‘published’ includes published by electronic means, and ‘publication’ shall be construed accordingly.”.

11 Amendment of section 16 (publication of information regarding rules and practices in relation to certain decisions by public bodies) of Principal Act.

11.—Section 16 of the Principal Act is amended by inserting the following after subsection (7):

“(8) In this section ‘published’ includes published by electronic means, and ‘publication’ shall be construed accordingly.”.

12 Amendment of section 17 (amendment of records relating to personal information) of Principal Act.

12.—Section 17 of the Principal Act is amended by inserting the following subsection after subsection (5):

“(6) Notwithstanding subsection (1), the Minister may provide by regulations for the making of an application under that subsection—

(a) by the parent or guardian of an individual referred to in that subsection, if the individual belongs to a class specified in the regulations, or

(b) in a case where such an individual is dead, by a member of a class specified in the regulations.”.

13 Amendment of section 18 (right of person to information regarding acts of public bodies affecting the person) of Principal Act.

13.—Section 18 of the Principal Act is amended by inserting the following subsection after subsection (5):

“(5A) Notwithstanding subsection (1), the Minister may provide by regulations for the making of an application under that subsection—

(a) by the parent or guardian of a person referred to in that subsection if the person belongs to a class specified in the regulations, or

(b) in a case where such a person is dead, by a member of a class specified in the regulations.”.

14 Amendment of section 19 (meetings of the Government) of Principal Act.

14.—Section 19 of the Principal Act is amended—

(a) in subsection (1)—

(i) by substituting “shall refuse” for “may refuse”,

(ii) by inserting the following paragraph after paragraph (a):

“(aa) consists of a communication—

(i) between two or more members of the Government relating to a matter that is under consideration by the Government or is proposed to be submitted to the Government, or

(ii) between two or more such members who form, or form part of, a group of such members to which a matter has been referred by the Government for consideration by the group and the communication relates to that matter,”,

and

(iii) in paragraph (c), by substituting “primarily” for “solely” and the said subsection (1) (other than paragraphs (a), (aa) and (b)), as so amended, is set out in the Table to this section,

(b) in subsection (2), by substituting the following paragraph for paragraph (b):

“(b)is not a record by which a decision of the Government is published to the general public by or on behalf of the Government.”,

(c) by substituting the following subsection for subsection (3):

“(3) Subject to the provisions of 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,

(b) if the record relates to a decision of the Government that was made more than 10 years before the receipt by the head concerned of the request under section 7 concerned, or

(c) if the record relates to a communication to which subsection (1) (aa) applies and the communication was made more than 10 years before the receipt by the head concerned of the request under section 7 concerned.”,

(d) by substituting the following subsection for subsection (4):

“(4) The Secretary General to the Government shall, in each year after the year 2003, furnish to the Commissioner a report in writing specifying the number of certificates issued by him or her in the preceding year under paragraph (b) of the definition of ‘Government’ in subsection (6).”,

and

(e) in subsection (6)—

(i) by substituting the following definition for the definition of “Government”:

“ ‘Government’ (except in paragraphs (a) and (b)) includes—

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

(i) members of the Government, or

(ii) 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,

and

(b) a committee of officials—

(i) that is appointed by the Government for the purpose of assisting the Government in relation to a particular matter that has been submitted to the Government for their consideration,

(ii) that is requested by the Government to report directly to them in relation to the matter, and

(iii) in relation to which the Secretary General to the Government certifies in writing at the time of its appointment that it is a committee of officials falling within this paragraph;”,

and

(ii) by adding the following definition:

“ ‘officials’ means two or more of the following persons:

(a) a person holding a position in the Civil Service of the Government or the Civil Service of the State;

(b) a special adviser within the meaning of section 19 of the Ethics in Public Office Act 1995;

(c) a person who is a member of any of such other (if any) classes of person as may be prescribed.”.

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(1) A head shall refuse to grant a request under section 7 if the record concerned—
(c) contains information (including advice) for a member of the Government, the Attorney General, a Minister of State, the Secretary to the Government or the Assistant Secretary to the Government for use by him or her primarily for the purpose of the transaction of any business of the Government at a meeting of the Government.

15 Amendment of section 20 (deliberations of public bodies) of Principal Act.

15.—Section 20 of the Principal Act is amended—

(a) by substituting the following subsections for subsection (1):

“(1) A head may refuse to grant a request under section 7 if the record concerned contains matter relating to the deliberative processes of a public 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).

(1A) (a) Notwithstanding subsection (1), a head shall refuse to grant a request under section 7 in respect of a record in relation to which a Secretary General of a Department of State has issued a certificate in writing stating that the record contains matter relating to the deliberative processes of a Department of State.

(b) Where a certificate under paragraph (a) is in force and the Secretary General of the Department of State concerned is satisfied that the deliberative processes concerned have ended, he or she shall, by certificate in writing, revoke the certificate and, thereupon, paragraph (a) shall cease to apply.

(c) A certificate under this subsection shall be final and, accordingly, an application for a review under section 14 or 34 in relation to a decision under paragraph (a) shall not lie.

(d) A Secretary General of a Department of State shall, in each year after the year 2003, furnish to the Commissioner a report in writing specifying the number of certificates issued by him or her in the preceding year under paragraph (a) and the number of certificates so issued under paragraph (b).”,

(b) in subsection (2), by substituting the following paragraph for paragraph (b):

“(b) factual information,”,

and

(c) by inserting the following subsection after subsection (2):

“(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 request.”.

16 Amendment of section 21 (functions and negotiations of public bodies) of Principal Act.

16.—Section 21 of the Principal Act is amended in subsection (1)—

(a) in paragraph (a), by substituting “conducted by or on behalf of a public body” for “conducted by or on behalf of the public body concerned”, and

(b) in paragraph (b), by substituting “the performance by a public body of any of its functions” for “the performance by the body of any of its functions”,

and the said subsection (1) (other than paragraph (c)), as so amended, is set out in the Table to this section.