Freedom of Information Act 2014

• (4) Where an FOI request relates to data contained in more than one record held on an electronic device by the FOI body concerned—

• (a) subject to paragraph (b), the FOI body shall take reasonable steps to search for and extract the records to which the request relates, being steps that involve the use of any facility for electronic search or extraction that existed on the date of the request and was used by the FOI body in the ordinary course, and

• (b) if the reasonable steps referred to in paragraph (a) result in the creation of a new record, that record shall, for the purposes of considering whether or not such new record should be disclosed in response to the request, be deemed to have been created on the date of receipt of the FOI request.

18. Access to parts of records

18. (1) Where an FOI request would fall to be granted but for the fact that it relates to a record that is an exempt record, by reason of the inclusion in it, with other matter, of particular matter, the head of the FOI body concerned, shall, if it is practicable to do so, prepare a copy, in such form as he or she considers appropriate, of so much of the record as does not consist of the particular matter aforesaid and the request shall be granted by offering the requester access to the copy.

• (2) Subsection (1) shall not apply in relation to a record if the copy provided for thereby would be misleading.

• (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 28(5), 31(4), 32(2), 33(4), 35(4), 36(4) or 37(6) applies), the notice under section 13(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 FOI request relates and shall also specify the nature of the matter contained in the record by virtue of which subsection (1) applies to the record.

19. Decisions deemed to have been made in certain cases

19. (1) Where notice of a decision under section 9 or 13 is not given to the requester concerned or to the person who made the application concerned under section 9 before the expiration of the period specified for that purpose in section 9 or 13, as the case may be, a decision refusing to grant the FOI request or the application under section 9 shall be deemed for the purposes of this Act to have been made upon such expiration and to have been made by a person to whom the relevant functions stood delegated under section 20.

• (2) Where notice of a decision under section 21 is not given to the person who made the application concerned under that section before the expiration of the period specified in subsection (4) thereof, a decision affirming the decision to which the application relates shall be deemed for the purposes of this Act to have been made upon such expiration.

• (3) Where a statement under subsection (1) of section 10, or notice of a decision under subsection (4) of that section, is not given to the person who made the application under the said subsection (1) concerned before the expiration of the period specified for that purpose in the said subsection (1) or (4), as the case may be, a decision refusing to grant the application shall be deemed for the purposes of this Act to have been made upon such expiration and to have been made by a person to whom the relevant functions stood delegated under section 20.

20. Delegation of certain functions of heads

20. (1) A head may delegate in writing to a member of the staff of the FOI body concerned any of the functions of the head under this Act (other than this section and section 34).

• (2) A delegation under subsection (1) (“delegation”) may—

• (a) relate to functions generally or specified functions or be in respect of records generally or specified classes of records or specified records, and

• (b) be to a specified member or specified members of the staff of the FOI body concerned or to such members who are of a specified rank or grade or of a rank or grade not lower than a specified rank or grade,

and may delegate different functions or classes of function to different such members or classes of members.

• (3) A delegation may be revoked in whole or in part or amended in writing by the head for the time being of the FOI body concerned.

• (4) A delegation shall operate, so long as it continues in force, to confer on and vest in the person concerned the function or functions delegated by the delegation.

• (5) References in this Act to a head shall be construed, where appropriate having regard to the context and any delegation under this section, as including references to any person to whom functions stand delegated by the delegation.

Chapter 3 Internal Review

21. Review by heads of decisions under Chapters 1 and 2

21. (1) This section applies to a decision made pursuant to this Act by a person to whom the function concerned stood delegated at the time of the making of the decision, being—

• (a) a decision to refuse to grant an FOI request, whether wholly or in part, (other than a request to which section 38 applies) (a “request”) in relation to the record concerned,

• (b) a decision under section 9 to refuse to amend a record,

• (c) a decision under section 10 in relation to the contents of a statement furnished under subsection (1) of that section or to refuse an application under that subsection,

• (d) a decision under section 16 to defer the offering of access to a record falling within paragraph (a) of subsection (1) of that section,

• (e) a decision under section 17 to grant a request by giving access to the record concerned in a form other than that specified in the request,

• (f) a decision under section 18 to gran t an FOI request by offering the requester concerned access to a copy of part only of the record concerned, or

• (g) a decision to charge a fee or deposit, or a fee or deposit of a particular amount, under section 27.

• (2) Subject to this section, the head of the FOI body concerned, on application to him or her in that behalf, in writing or in such other form as may be determined, by a relevant person—

• (a) may review a decision to which this section applies, and

• (b) following the review, may, as he or she considers appropriate—

• (i) affirm or vary the decision, or

• (ii) annul the decision and, if appropriate, make such decision in relation to the matter as he or she considers proper,

in accordance with this Act.

• (3) A person to whom a function under this section stands delegated under section 20 shall not perform that function in relation to a decision to which this section applies that was made by a member of the staff of the FOI body concerned whose rank is the same as or higher than that of the person aforesaid.

• (4) A decision under subsection (2) shall be made, and the head concerned shall cause notice thereof, in writing or in such other form as may be determined, to be given to the relevant person and any other person whom he or she considers should be notified thereof, not later than 3 weeks after the receipt by the head of the application for the review under that subsection concerned.

• (5) A notice under subsection (4) shall specify—

• (a) the day on which the decision concerned under that subsection was made,

• (b) if the decision is to grant, in whole or in part, the FOI request concerned, the information referred to in section 13(2)(c),

• (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 13(2) and, if the refusal is not pursuant to section 15(1)(c), 28(5), 31(4), 32(2), 33(4), 35(4), 36(4) or 37(6), the information specified in subparagraph (ii) of that paragraph,

• (d) if the decision is to defer the giving of access to the record concerned, the reasons for the deferral and the period of the deferral,

• (e) if the decision is a decision referred to in paragraph (b), (c), (e), (f) or (g)of subsection (1), the reasons for the decision, and

• (f) particulars of the rights of review and appeal under this Act in relation to the decision, the procedure governing the exercise of those rights and the time limits governing such exercise.

• (6) This section shall not be construed as requiring the inclusion in a notice under subsection (4) of matter that, if it were included in a record, would cause the record to be an exempt record.

• (7) An application for a review under subsection (2) shall be made not later than 4 weeks after the notification under this Act of the decision concerned to the relevant person concerned or, in a case in which the head concerned is of the opinion that there are reasonable grounds for extending that period, the expiration of such longer period as he or she may determine.

• (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.

• (9) Subsection (3) of section 13 shall apply in relation to a case where a decision under subsection (2) is to grant an FOI request or to annul or vary a deferral under section 16 with the modification that the reference in the said subsection (3) to the grant of a request under subsection (1) of section 13 shall be construed as a reference to the making of the decision under subsection (2) .

• (10) Subject to this Act, a decision under subsection (2) shall—

• (a) insofar as it is inconsistent with the decision to which this section applies, have effect in lieu thereof, and

• (b) be binding on the parties concerned.

• (11) In this section “relevant person”, in relation to a decision to which this section applies, means—

• (a) the requester concerned, or

• (b) if the decision is made under section 9 or 10, the person who made the application concerned.

Chapter 4 Review by Information Commissioner

22. Review by Commissioner of decisions

22. (1) This section applies to—

• (a) a decision to refuse to grant an FOI request on the ground that, by virtue of section 42, this Act does not apply to the record concerned,

• (b) a decision under section 21, other than a decision referred to in paragraph (d),

• (c) a decision specified in any of paragraph (a)to (f) of section 21(1),

• (d) a decision under section 21, or a decision under section 27, that a fee or deposit exceeding €10 or such other amount (if any) as may stand prescribed for the time being should be charged under section 27,

• (e) a decision under section 14 to extend the time for the consideration of an FOI request,

• (f) a decision under section 16 to defer the giving of access to a record falling within paragraph (b) or (c) of subsection (1) of that section,

• (g) a decision on a request to which section 38 applies,

but excluding—

• (i) a decision aforesaid made by the Commissioner in respect of a record held by the Commissioner or (in a case where the same person holds the office of Ombudsman and the office of Commissioner) made by the Ombudsman in respect of a record held by the Ombudsman, and

• (ii) a decision referred to in paragraph (c), and a decision under section 27 referred to in paragraph (d), made by a person to whom the function concerned stood delegated under section 20 at the time of the making of the decision.

• (2) Subject to this Act, the Commissioner may, on application to him or her in that behalf, in writing or in such other form as may be determined, by a relevant person—

• (a) review a decision to which this section applies, and

• (b) following the review, may, as he or she considers appropriate—

• (i) affirm or vary the decision, or

• (ii) annul the decision and, if appropriate, make such decision in relation to the matter concerned as he or she considers proper,

in accordance with this Act.

• (3) A decision under subsection (2) shall be made as soon as may be and, insofar as practicable, not later than 4 months after the receipt by the Commissioner of the application for the review concerned.

• (4) An application under subsection (2) shall be made—

• (a) if it relates to a decision specified in paragraph (e) or (g) of subsection (1), not later than 2 weeks after the notification of the decision to the relevant person concerned or, in a case in which the Commissioner is of the opinion that there are reasonable grounds for extending that period, the expiration of an additional period of such length as he or she may determine, and

• (b) if it relates to any other decision specified in that subsection, not later than 6 months after the notification of the decision to the relevant person concerned or, in a case in which the Commissioner is of the opinion that there are reasonable grounds for extending that period, the expiration of such longer period as he or she may determine.

• (5) A person who makes an application under subsection (2) may, by notice given in writing, orally or by electronic means, to the Commissioner, at any time before a notice under subsection (10) in relation to the application is given to the person, withdraw the application, and the Commissioner shall cause a copy of any notice given to him or her under this subsection to be given to the relevant person, or the head, concerned, as may be appropriate, and any other person to whom, in the opinion of the Commissioner, it should be given, or (in the case of an oral withdrawal) cause such appropriate persons to be notified of the withdrawal.

• (6)
• (a) As soon as may be after the receipt by the Commissioner of an application under subsection (2), the Commissioner shall cause a copy of the application to be given to the head concerned, and, as may be appropriate, to the relevant person concerned and, if the Commissioner proposes to review the decision concerned, he or she shall cause the head and the relevant person and any other person who, in the opinion of the Commissioner, should be notified of the proposal to be so notified and, thereupon, the head shall give to the Commissioner particulars, in writing or in such other form as may be determined, of any persons whom he or she has or, in the case of a refusal to grant a request to which section 38 applies, would, if he or she had intended to grant the FOI request concerned, have notified of the request.

• (b) The Commissioner may, at his or her discretion, remove any personal or confidential information which was not intended for circulation to the FOI body concerned from the application under this section when causing a copy of the application to be forwarded to the FOI body.

• (7)
• (a) Where an application under subsection (2) is made, the Commissioner may at any time endeavour to effect a settlement between the parties concerned of the matter concerned and may for that purpose, notwithstanding subsection (3), suspend, for such period as may be agreed with the parties concerned and, if appropriate, discontinue, the review concerned.

• (b) In determining whether to suspend a review under this section, the Commissioner shall act in accordance with his or her own discretion.

• (8) In relation to a proposed review under this section, the head, and the relevant person concerned and any other person who is notified under subsection (6) of the review may make submissions (as the Commissioner may determine, in writing or orally or in such other form as may be determined) to the Commissioner in relation to any matter relevant to the review and the Commissioner shall take any such submissions into account for the purposes of the review.

• (9)
• (a) The Commissioner may refuse to accept an application under subsection (2) or may discontinue a review under this section if he or she is or becomes of the opinion that—

• (i) the application aforesaid or the application to which the review relates (the “application”) is frivolous or vexatious,

• (ii) the application does not relate to a decision specified in subsection (1),

• (iii) the matter to which the application relates is, has been or will be, the subject of another review under this section,

• (iv) the applicant has failed to provide the Commissioner with sufficient information or particulars, or otherwise has failed to co-operate with the Commissioner in the conduct of a review,

• (v) there is no longer any issue requiring adjudication, as access to the records in question has been granted by the FOI body in the course of the review,

• (vi) the application forms part of a pattern of manifestly unreasonable requests from the same requester or from different requesters who, in the opinion of the Commissioner, appear to have made the requests acting in concert, or

• (vii) accepting the application would, by reason of the number or nature of the records concerned or the nature of the information concerned, require the 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 his or her Office.

• (b) In determining whether to refuse to accept an application under subsection (2) or to discontinue a review under this section, the Commissioner shall, subject to this Act, act in accordance with his or her own discretion.

• (10) Notice, in writing or in such other form as may be determined, of a decision under subsection (2)(b), or of a refusal or discontinuation under subsection (9), and the reasons therefor, shall be given by the Commissioner to—

• (a) the head concerned,

• (b) the relevant person concerned, and

• (c) any other person to whom, in the opinion of the Commissioner, such notice should be given.

• (11)
• (a) The notice referred to in subsection (10) shall be given as soon as may be after the decision, refusal or discontinuation concerned and, if it relates to a decision under subsection (2), in so far as practicable, within the period specified in subsection (3).

• (b) The report of the Commissioner for any year under section 47 shall specify the number of cases (if any) in that year in which a notice referred to in subsection (10) in relation to a decision under subsection (2)(b) was not given to a person specified in subsection (10) within the appropriate period specified in paragraph (a).

• (12) In a review under this section—

• (a) a decision to grant a request to which section 38 applies shall be presumed to have been justified unless the person concerned to whom subsection (2) of that section applies shows to the satisfaction of the Commissioner that the decision was not justified, and

• (b) a decision to refuse to grant an FOI request shall be presumed not to have been justified unless the head concerned shows to the satisfaction of the Commissioner that the decision was justified.

• (13) A decision of the Commissioner following a review under this section shall, where appropriate, specify the period within which effect shall be given to the decision and, in fixing such a period, the Commissioner shall have regard to the desirability, subject to section 26, of giving effect to such a decision as soon as may be after compliance in relation thereto with subsection (11).

• (14) Subject to this Act, a decision under subsection (2) shall—

• (a) insofar as it is inconsistent with the decision to which this section applies, have effect in lieu thereof, and

• (b) be binding on the parties concerned.

• (15) Nothing in this Act shall prevent the Commissioner in a review under this section from taking into account that the record concerned—

• (a) has lost its confidentiality,

• (b) is no longer commercially sensitive, or

• (c) is personal information relating to an individual other than the requester.

• (16) In this section “relevant person”, in relation to a decision specified in subsection (1), means—

• (a) the requester concerned and, if the decision is in respect of a request to which section 38 relates, a person to whom subsection (2) of that section applies, or

• (b) if the decision is under section 9 or 10, the person who made the application concerned under that section.

23. Requests for further information by Commissioner

23. (1) Where—

• (a) an application for the review by the Commissioner of—

• (i) a decision to refuse to grant an FOI request, or

• (ii) a decision under section 21 in relation to a decision referred to in subparagraph (i),

is made under section 22, and

• (b) the Commissioner considers that the statement of the reasons for the decision referred to in paragraph (a)(i) in the notice under subsection (1) of section 13 or of the findings or particulars referred to in subsection (2)(d)(ii) of that section in relation to the matter is not adequate,

the Commissioner shall direct the head concerned to furnish to the requester concerned and the Commissioner a statement, in writing or such other form as may be determined, containing any further information in relation to those matters that is in the power or control of the head.

• (2) A head shall comply with a direction under this section as soon as may be, but not later than 3 weeks, after its receipt.

Chapter 5 Appeal to High Court

24. Appeal to High Court, etc.

24. (1) A party to an application under section 22 or any other person affected by the decision of the Commissioner following a review under that section may appeal to the High Court—

• (a) on a point of law from the decision, or

• (b) where the party or person concerned contends that the release of a record concerned would contravene a requirement imposed by European Union law, on a finding of fact set out or inherent in the decision.

• (2) The requester concerned or any other person affected by—

• (a) the issue of a certificate under section 34,

• (b) a decision, pursuant to section 13, to refuse to grant an FOI request in relation to a record the subject of such a certificate, or

• (c) a decision, pursuant to section 21, to refuse to grant, or to uphold a decision to refuse to grant, such a request,

may appeal to the High Court on a point of law against such issue or from such decision.

• (3) A person may appeal to the High Court from—

• (a) a decision under section 21, or

• (b) a decision specified in any of paragraphs (a) to (g)of subsection (1) of that section (other than such a decision made by a person to whom the function stood delegated under section 20 at the time of the making of the decision),

made by the Commissioner in respect of a record held by the Office of the Commissioner or (in a case where the same person holds the office of Ombudsman and the office of Commissioner) made by the Ombudsman in respect of a record held by the Office of the Ombudsman.

• (4)
• (a) Subject to paragraph (b), an appeal under subsection (1), (2) or (3) shall be initiated not later than 4 weeks after notice of the decision concerned was given to the person bringing the appeal.

• (b) Where the Commissioner has decided that access should be granted to some records (including parts of records) but not all records requested—

• (i) the requester shall have 8 weeks after the date of the notification of the decision concerned to initiate an appeal to the High Court under this section, and

• (ii) the public body concerned shall grant access to those records that it intends to release after expiration of 4 weeks from the decision of the Commissioner.

• (5) A decision of the High Court following an appeal under subsection (1), (2) or (3) shall, where appropriate, specify the period within which effect shall be given to the decision.

• (6) The Commissioner may refer any question of law arising in a review under section 22 to the High Court for determination, and the Commissioner may postpone the making of a decision following the review until such time as he or she considers convenient after the determination of the High Court.

• (7)
• (a) Where an appeal under subsection (1), (2) or (3) by a person (other than a head) is dismissed by the High Court, that Court may, if it considers that the point of law concerned was of exceptional public importance, order that some or all of the costs of the person in relation to the appeal be paid by the FOI body concerned.

• (b) Where a reference under subsection (6) is heard by the High Court, that Court may order that some or all of the costs of a person (other than a head) in relation to such reference be paid by the FOI body concerned.

• (8) Where an appeal to the Supreme Court is taken from a decision of the High Court under this section, that Court may order that some or all of the costs of a person (other than a head) in relation to an appeal to that Court be paid by the FOI body concerned, if it considers that a point of law of exceptional public importance was involved in the appeal and, but for this subsection, that Court would not so order.

Chapter 6 Miscellaneous

25. Precautions by High Court and Commissioner against disclosure of certain information

25. (1) In proceedings in the High Court under or in relation to this Act, that Court shall take all reasonable precautions to prevent the disclosure to the public or, if appropriate, to a party (other than a head) to the proceedings of—

• (a) information contained in an exempt record, or

• (b) information as to whether a record exists or does not exist in a case where the head concerned is required by this Act not to disclose whether the record exists or does not exist.

• (2) Without prejudice to the generality of subsection (1), precautions under that subsection may include—

• (a) hearing the whole or part of any such proceedings as aforesaid otherwise than in public,

• (b) prohibiting the publication of such information in relation to any such proceedings as it may determine, including information in relation to the parties to the proceedings and the contents of orders made by the High Court in the proceedings, and

• (c) examining a record or a copy of a record without giving access or information in relation thereto to a party (other than a head) to the proceedings.

• (3) In the performance of his or her functions under this Act, the Commissioner shall take all reasonable precautions (including conducting the whole or part of a review under section 22 or an investigation under section 44 otherwise than in public) to prevent the disclosure to the public or, in the case of such a review, to a party (other than a head) to the proceedings concerned of information specified in paragraph (a) or (b) of subsection (1) or matter that, if it were included in a record, would cause the record to be an exempt record.

26. Stay on certain decisions

26. (1) This section applies to—

• (a) a decision to grant a request to which section 38 applies, and

• (b) a decision under section 22.

• (2) Effect shall not be given to a decision to which this section applies before, whichever is the later of—

• (a) the expiration of the time for—

• (i) making an application for a review to the Commissioner under section 22, or

• (ii) bringing an appeal to the High Court from the decision,

as may be appropriate, or

• (b) if such an application or appeal is made or brought, the final determination or withdrawal thereof.

27. Fees and charges

27. (1) Such amount as may be appropriate having regard to the provisions of this section shall be charged by the FOI body concerned under this subsection and paid by the requester concerned to the body in respect of the grant of an FOI request. The amount of a charge under this subsection shall be equal to the estimated cost of the search for and retrieval and copying of the record concerned by the FOI body concerned for the requester.

• (2) For the purposes of subsection (1) “search for and retrieval” includes time spent by the FOI body in—

• (a) determining whether it holds the information requested,

• (b) locating the information or documents containing the information,

• (c) retrieving such information or documents,

• (d) extracting the information from the files, documents, electronic or other information sources containing both it and other material not relevant to the request, and

• (e) preparing a schedule specifying the records for consideration for release.

• (3) For the purposes of subsection (1) —

• (a) the amount of the cost of the search for and retrieval of a record shall be calculated at the rate of such amount per hour as stands prescribed for the time being in respect of the time that was spent, or ought, in the opinion of the head concerned, to have been spent, by each person concerned in carrying out the search and retrieval efficiently,

• (b) the amount of the cost of the copying of a record shall not exceed such amount (if any) as stands prescribed for the time being, and the determination of that amount shall be in compliance with any provisions standing prescribed for the time being in relation to such determination,

• (c) subject to subsection (12) the total amount of a charge under subsection (1) shall not exceed such amount as stands prescribed for the time being as the appropriate maximum amount for search and retrieval and copying,

• (d) there shall be no charge under subsection (1) if, in the opinion of the head concerned, the total amount of the charge would be less than such amount (if any) as stands prescribed for the time being as the appropriate minimum amount for search and retrieval and copying, and

• (e) different maximum and minimum amounts may be prescribed under this subsection in respect of different public bodies or prescribed bodies and the power to prescribe such a maximum (in relation to any particular body) shall be exercised in a manner to take account of the greater amount that subsection (12) provides for the prescription of (in relation to that body) as concerns the overall ceiling limit.

• (4) Where the record or records concerned contains or contain only personal information relating to the requester concerned the charge under subsection (1) shall not be made, unless the grant concerned relates to a significant number of records, and in considering whether or not such a charge shall be made, the means of the requester shall be taken into account.

• (5) Subject to subsection (3), where, in the opinion of the head concerned, the estimated cost, as determined by the head, of the search for and retrieval and copying of a record the subject of an FOI request is likely to exceed the appropriate minimum level as prescribed—

• (a) a deposit of such amount as may be determined by the head (not being less than 20 per cent of such cost) shall be charged by the FOI body concerned and paid by the requester concerned to the body,

• (b) the process of search for and retrieval of the record shall not be commenced by the body until the deposit has been paid, and

• (c) the head shall, not later than 2 weeks after the receipt of the request aforesaid, cause a notice in writing for payment of the deposit to be given to the requester and the notice shall include an estimate of the length of time that the process of searching for and retrieving the record will occupy and a statement that the process will not begin until the deposit has been paid and that the date on which a decision will be made in relation to the request will be determined by reference to the date of such payment.

• (6) A head may reduce the amount of or waive a search and retrieval and copying charge or deposit under subsection (1) or (5) if, in his or her opinion, some or all of the information contained in the record concerned would be of particular assistance to the understanding of an issue of national importance.

• (7) In a case to which subsection (5) applies, the head concerned shall, if so requested by the requester concerned—

• (a) assist the requester if the requester wishes to amend or limit the request in order to reduce or eliminate the charges that arise or are likely to arise under subsection (1),

• (b) if amendments are specified under paragraph (a), make such of them (if any) to the request as the requester may determine.

• (8) Where a deposit under subsection (5) is paid, the amount of the charge under subsection (1) payable in respect of the grant of the FOI request concerned shall be reduced by the amount of the deposit.

• (9) Where a deposit under subsection (5) is paid and, subsequently, the grant of the FOI request concerned is refused or is granted in relation to a part only of the record concerned, the amount of the deposit or, if a charge under this section is payable in respect of the grant, so much (if any) of that amount as exceeds the amount of the charge shall be repaid to the requester concerned.

• (10) Where a charge or a deposit under this section is paid, and subsequently, the charge or deposit is annulled or varied under section 21, 22 or 24, the amount of the charge or deposit so annulled or, as the case may be, any amount thereof in excess of the amount thereof as so varied shall be repaid to the requester concerned.

• (11) Section 13(1) shall be construed and have effect—

• (a) in relation to a case in which a deposit is payable under subsection (5), as if the reference to 4 weeks were a reference to a period consisting of 4 weeks together with the period from the giving of the notice under subsection (5) (c) concerned to the requester concerned to the date of the receipt of the deposit,

• (b) in relation to a case in which such a deposit is annulled following a review under section 21 or 22 or an appeal under section 24, as if the reference to 4 weeks were a reference to a period consisting of 4 weeks together with the period from the giving of the notice under subsection (5) (c) to the requester concerned to the date of the decision under section 24 or, as the case may be, of the giving to the requester concerned of notice under section 21 or 22 of the decision, and

• (c) in relation to a case in which an amendment pursuant to subsection (7) has the effect of eliminating such a deposit, as if the reference to the receipt of a request under that section were a reference to the making of the amendment.

• (12)
• (a) Where the amount of a search and retrieval and copying charge under subsection (1) exceeds or is likely to exceed the overall ceiling limit prescribed, under paragraph (b), for the purposes of this subsection—

• (i) the body concerned shall so inform the requester,

• (ii) the body shall assist the requester if the requester wishes to amend or limit the request in order to reduce the charges that arise or are likely to arise under subsection (1) to an amount less than or equal to the overall ceiling limit so prescribed,

• (iii) if the requester does not amend or limit the request such that the charges that arise or are likely to arise under subsection (1) are reduced to an amount less than or equal to the overall ceiling limit so prescribed, the body may refuse the request, and

• (iv) where the body decides to process the request, the requester shall be required to pay the full cost of the charges likely to be payable and subsection (5) shall apply.

• (b) There shall be prescribed for the purposes of this subsection an amount to be called, and in this section referred to, as the overall ceiling limit; and different such amounts may be prescribed for those purposes in respect of different public bodies or prescribed bodies.

• (13)
• (a) A fee of such amount (if any) as may be prescribed shall be charged by the FOI body concerned under this subsection and paid by the applicant concerned to—

• (i) the body in respect of an application under section 21, or

• (ii) the Commissioner in respect of an application under section 22.

• (b) A fee under this subsection shall be paid at the time of the making of the application concerned and, if it is not so paid, the head concerned or, as the case may be, the Commissioner shall refuse to accept the application, and it shall be deemed, for the purposes of this Act, not to have been made.

• (c) Fees of different amounts may be prescribed under paragraph (a) in respect of different classes of applicant.

• (14) An FOI body shall endeavour to establish a facility by which payment or refund of any fees due under this Act may be made electronically.

PART 4 Exempt Records

28. Meetings of the Government

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. Deliberations of FOI bodies

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. Functions and negotiations of FOI bodies

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. Parliamentary, court and certain other matters

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. Law enforcement and public safety

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. Security, defence and international relations

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. Conclusiveness of certain decisions pursuant to sections 32 and 33

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. Information obtained in confidence

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. Commercially sensitive information

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,