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Freedom of Information Act 2014

Type Act

Publication 2014-10-14

Last updated 2026-07-31

State Partially repealed

Text Latest available text

Source Irish Statute Book

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articles 55

This is the most recent text the official source publishes. It is not a snapshot of the law as it stood on the date of each change.

42 amending acts · 2026-07-31, revised-IE-2014-act-30@2026-07-31

Act to enable members of the public to obtain access, to the greatest extent possible consistent with the public interest and the right to privacy, to information in the possession of public bodies, other bodies in receipt of funding from the State and certain other bodies and to enable persons to have personal information relating to them in the possession of such bodies corrected and, accordingly, to provide for a right of access to records held by such bodies, for necessary exceptions to that right and for assistance to persons to enable them to exercise it, to provide for the independent review both of decisions of such bodies relating to that right and of the operation of this Act generally (including the proceedings of such bodies pursuant to this Act) and, for those purposes, to provide for the continuance of the Office of Information Commissioner and to define its functions, to provide for the publication by such bodies of certain information about them relevant to the purposes of this Act, to repeal the Freedom of Information Act 1997 and the Freedom of Information (Amendment) Act 2003, to amend the Central Bank Act 1942, to amend the Official Secrets Act 1963, to repeal certain other enactments, and to provide for related matters

Reform history JSON API

Section 43

Subject to this Schedule, a person appointed to be the Commissioner shall hold the office for a term of 6 years and may be re-appointed to the office for a second or subsequent term.

A person appointed to be the Commissioner—

(a) may at his or her own request be relieved of office by the President,

(b) may be removed from office by the President but shall not be removed from office except for stated misbehaviour, incapacity or bankruptcy and then only upon resolutions passed by Dáil Éireann and by Seanad Éireann calling for his or her removal,

F31[(c) shall in any case vacate the office on attaining the age of 70 years or, where a higher age is prescribed by order under section 3A(2) of the Public Service Superannuation (Miscellaneous Provisions) Act 2004 for the purposes of that Act, that age but, where the person is a new entrant (within the meaning of that Act) appointed on or after 1 April 2004, the requirement to vacate office on grounds of age shall not apply.]

(1) Where a person who holds the office of Commissioner is—

(a) nominated as a member of Seanad Éireann,

(b) elected as a member of either House of the Oireachtas or a local authority or to the European Parliament, or

(c) regarded, pursuant to section 19 of the European Parliament Elections Act 1997, as having been elected to the European Parliament to fill a vacancy,

he or she shall thereupon cease to be the Commissioner.

(2) A person who is for the time being entitled under the standing orders of either House of the Oireachtas to sit therein or who is a member of the European Parliament or a local authority shall, while he or she is so entitled or is such a member, be disqualified for being appointed to be the Commissioner.

A person who holds the office of Commissioner shall not hold any other office or employment in respect of which emoluments are payable (other than the office of Ombudsman) or be a member of the Reserve Defence Force.

The Commissioner shall be paid, out of moneys provided by the Oireachtas, such remuneration and allowances for expenses as the Minister may from time to time determine.

(1) The Minister may make and carry out, in accordance with its terms, a scheme or schemes for the granting of pensions, gratuities or allowances on retirement or death to, or in respect of, persons who have held the office of Commissioner.

(2) The Minister may at any time make and carry out, in accordance with its terms, a scheme or schemes amending or revoking a scheme under this paragraph.

(3) A scheme under this paragraph shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the scheme is passed by either such House within the next 21 days on which that House has sat after the scheme is laid before it, the scheme shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.

(1) The Minister may appoint to be members of the staff of the Commissioner such number of persons as the Minister may determine from time to time.

(2) Members of the staff of the Commissioner shall be civil servants in the Civil Service of the State (within the meaning of the Civil Service Regulation Act 1956).

(3) The Minister may delegate to the Commissioner the powers exercisable by him or her under the Public Service Management (Recruitment and Appointments) Act 2004, and the Civil Service Regulation Acts 1956 to 2005, as the appropriate authority in relation to members of the staff of the Commissioner and, if the Minister does so, then, so long as the delegation remains in force—

(a) those powers shall, in lieu of being exercisable by the Minister, be exercisable by the Commissioner, and

(b) the Commissioner shall, in lieu of the Minister, be for the purposes of this Act the appropriate authority in relation to members of the staff of the Commissioner.

(1) The Commissioner shall keep, in such form as may be approved of by the Minister, all proper and usual accounts of all moneys received or expended by him or her and all such special accounts (if any) as the Minister may direct.

(2) Accounts kept in pursuance of this paragraph in respect of each year shall be submitted by the Commissioner in the following year on a date not later than a date specified by the Minister to the Comptroller and Auditor General for audit and, as soon as may be after the audit, a copy of those accounts, or of such extracts from those accounts as the Minister may specify, together with the report of the Comptroller and Auditor General on the accounts, shall be presented by the Commissioner to the Minister who shall cause copies of the documents presented to him or her to be laid before each House of the Oireachtas.

The Commissioner may delegate to a member of the staff of the Commissioner any of the functions of the Commissioner (other than those under this paragraph or section 47) and subsection (2) to (4) of section 20 shall, with any necessary modifications, have effect for the purposes of a delegation under this paragraph as they have effect for the purposes of a delegation under that section. References in this Act to the Commissioner shall be construed, where appropriate having regard to any delegation under this paragraph, as including references to any person to whom functions stand delegated by the delegation.

10.

Paragraph 1 shall apply to a person appointed as Commissioner whether before or after the commencement of this Act.

SCHEDULE 3 Enactments Excluded from Application of Section 41

Sections 35 and 41

Part 1 Statutes


Number and Year (1)	Short Title (2)	Provision (3)
No. 26 of 1946	Industrial Relations Act 1946	Section 22.
No. 28 of 1947	Health Act 1947	Section 54(3).
No. 1 of 1963	Official Secrets Act 1963	Sections 4, 5 and 9.
No. 14 of 1969	Industrial Relations Act 1969	Section 14.
No. 30 of 1976	Gas Act 1976	Section 20.
No. 5 of 1979	Údarás na Gaeltachta Act 1979	Section 15.
No. 36 of 1980	Irish Film Board Act 1980	Section 18.
No. 24 of 1983	Postal and Telecommunications Services Act 1983	Section 37.
No. 9 of 1986	Industrial Development Act 1986	Sections 42 and 43.
No. 31 of 1986	Transport (Re-organisation of Córas Iompair Éireann) Act 1986	Section 22.
No. 6 of 1987	Air Pollution Act 1987	Section 16(4).
No. 15 of 1987	Labour Services Act 1987	Section 13.
No. 18 of 1988	Agriculture (Research, Training and Advice) Act 1988	Section 14.
No. 26 of 1988	Forestry Act 1988	Section 33.
No. 18 of 1990	National Treasury Management Agency Act 1990	Section 14.
No. 19 of 1990	Industrial Relations Act 1990	Section 25(6).
No. 25 of 1990	Pensions Act 1990	Section 24.
No. 25 of 1990	Pensions Act 1990	Section 145 (inserted by the Pensions (Amendment) Act 2002).
No. 2 of 1991	Marine Institute Act 1991	Section 15.
No. 9 of 1991	Radiological Protection Act 1991	Section 36(1) (d).
No. 7 of 1992	Environmental Protection Agency Act 1992	Section 39.
No. 14 of 1993	Roads Act 1993	Section 38.
No. 19 of 1993	Industrial Development Act 1993	Paragraph 4 of Second Schedule.
No. 29 of 1993	Irish Aviation Authority Act 1993	Section 35.
No. 16 of 1994	Health Insurance Act 1994	Section 34(1).
No. 18 of 1994	Irish Horseracing Industry Act 1994	Section 17.
No. 22 of 1994	An Bord Bia Act 1994	Section 26.
No. 25 of 1994	Milk (Regulation of Supply) Act 1994	Section 16(1).
No. 29 of 1995	Irish Medicines Board Act 1995	Section 23.
No.4 of 1996	Voluntary Health Insurance (Amendment) Act 1996	Section 8.
No. 11 of 1996	Harbours Act 1996	Section 33.
F32[No. 28 of 1998	National Standards Authority of Ireland Act 1996	Paragraph 5 of the Second Schedule.]
No. 39 of 1997	Taxes Consolidation Act 1997	Section 857.
No. 24 of 1998	Air Navigation and Transport (Amendment) Act 1998	Section 36.
No. 29 of 1998	Food Safety Authority of Ireland Act 1998	Section 43(1).
No. 42 of 1998	Western Development Commission Act 1998	Section 18.
No. 23 of 1999	Electricity Regulation Act 1999	Section 13.
No. 1 of 2000	Comhairle Act 2000	Section 18.
No. 1 of 2001	Aviation Regulation Act 2001	Section 19.
No. 43 of 2001	Ordnance Survey Ireland Act 2001	Section 23.
No. 54 of 2001	Family Support Agency Act 2001	Section 21.
No. 55 of 2001	Transport (Railway Infrastructure) Act 2001	Section 30.
No. 9 of 2002	Housing (Miscellaneous Provisions) Act 2002	Section 13.
No. 10 of 2002	Gas (Interim) (Regulation) Act 2002	Section 19.
No. 20 of 2002	Communications Regulation Act 2002	Section 24.
No. 10 of 2003	National Tourism Development Authority Act 2003	Section 22.
No. 23 of 2003	Digital Hub Development Agency Act 2003	Section 27.
No. 24 of 2003	Arts Act 2003	Section 20.
No. 42 of 2004	Health Act 2004	Section 26.
No. 22 of 2005	Veterinary Practice Act 2005	Section 25.
No. 10 of 2005	Safety, Health and Welfare at Work Act 2005	Section 73.
No. 31 of 2005	Railway Safety Act 2005	Section 21(1).
No. 8 of 2006	Sea-Fisheries and Maritime Jurisdiction Act 2006	Section 58.
No. 14 of 2006	Road Safety Authority Act 2006	Section 26.
No. 17 of 2006	Health (Repayment Scheme) Act 2006	Section 12(4).
No. 19 of 2006	National Sports Campus Development Authority Act 2006	Section 17.
No. 21 of 2006	National Economic and Social Development Office Act 2006	Section 23.
No. 23 of 2007	Health Act 2007	Section 84.
No. 19 of 2007	Consumer Protection Act 2007	Section 32.
No. 7 of 2007	National Oil Reserves Agency Act 2007	Section 24.
No. 15 of 2008	Dublin Transport Authority Act 2008	Section 38.
No. 10 of 2010	Inland Fisheries Act 2010	Section 36.
No. 41 of 2011	Nurses and Midwives Act 2011	Section 17.
No. 28 of 2012	Qualifications and Quality Assurance (Education and Training) Act 2012	Paragraph 13 of Schedule 1.

Part 2 Statutory Instruments


Number & Year (1)	Title of Instrument (2)	Provision (3)
No. 105 of 1971	Health Services Regulations 1971.	Article 5.
No. 187 of 1971	St. James’s Hospital Board (Establishment) Order 1971.	Article 29.
No. 175 of 1983	Fire Services Council (Establishment) Order 1983.	Article 13.
No. 222 of 1983	Housing (Rent Tribunal) Regulations 1983.	Article 14(3).
No. 279 of 1986	The Health Research Board (Establishment) Order 1986.	Article 23.
No. 252 of 1994	The European Communities (Medical Devices) Regulations 1994.	Articles 24(A) and 26(1) (c).
No. 253 of 1994	The European Communities (Active Implantable Medical Devices) Regulations 1994.	Article 20(1) (c).
No. 376 of 1999	The National Council for the Professional Development of Nursing and Midwifery (Establishment) Order 1999.	Article 25.
No. 109 of 2000	The Pre-Hospital Emergency Care Council (Establishment) Order 2000.	Article 35.
No. 304 of 2001	European Communities (In Vitro Diagnostic Medical Devices) Regulations 2001.	Articles 17(4) (c) and 20.
No. 179 of 2004	National Treatment Purchase Fund Board (Establishment) Order 2004.	Article 16.
No. 451 of 2004	National Haemophilia Council (Establishment) Order 2004.	Article 23.

SCHEDULE 4 Repeals

Section 5

Part 1 Statutes


Citation (1)	Short title (2)	Extent of repeal (3)
No. 13 of 1997	Freedom of Information Act 1997	The entire Act.
No. 9 of 2003	Freedom of Information (Amendment) Act 2003	The entire Act.
No. 23 of 2004	Commissions of Investigation Act 2004	Section 40.
No. 25 of 2007	Medical Practitioners Act 2007	Section 14(4) and (5) and section 95(3).
No. 23 of 2011	Civil Law (Miscellaneous Provisions) Act 2011	Section 48.
No. 41 of 2011	Nurses and Midwives Act 2011	Section 19(4) and (5) and section 91(3).
No. 44 of 2012	Personal Insolvency Act 2012	Section 22.

Part 2 Statutory Instruments


Citation (1)	Short title (2)	Extent of repeal (3)
S.I. No. 128 of 2001	Freedom of Information Act 1997 (Prescribed Bodies) (No. 3) Regulations 2001.	The entire instrument.

SCHEDULE 5 Statutory Instruments Continuing in Force

Section 54


Number & Year (1)	Title of Instrument (2)
No. 139 of 1998	Freedom of Information Act 1997 (Section 47(3)) Regulations 1998.
No. 520 of 1998	Freedom of Information Act 1997 (Section 25(6)) Regulations 1998.
No. 46 of 1999	Freedom of Information Act 1997 (Section 6(4)(b)) Regulations 1999.
No. 329 of 1999	Freedom of Information Act 1997 (Prescribed Bodies) Regulations 1999.
No. 115 of 2000	Freedom of Information Act 1997 (Prescribed Bodies) (No. 2) Regulations 2000.
No. 127 of 2001	Freedom of Information Act 1997 (Prescribed Bodies) (No. 2) Regulations 2001.
No. 368 of 2001	Freedom of Information Act 1997 (Classes of Health Professionals) Regulations 2001.
No. 264 of 2003	Freedom of Information Act 1997 (Fees) Regulations 2003.
No. 385 of 2009	Freedom of Information Act 1997 (Section 17(6)) Regulations 2009.
No. 386 of 2009	Freedom of Information Act 1997 (Section 18(5A)) Regulations 2009.
No. 387 of 2009	Freedom of Information Act 1997 (Section 28(6)) Regulations 2009.

Footnotes

OJ No. L 119, 4.5.2016, p.1

OJ No. L 176, 20.06.2013, p.1

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