Section 16 Manual

FOREWORD

Section 16 of the Freedom of Information Act, 1997 as amended by the Freedom of Information (Amendment) Act, 2003, ("the FOI Acts") requires public bodies to publish:

"...the rules, procedures, practices, guidelines and interpretations used by the body, and an index of any precedents kept by the body, for the purposes of decisions, determinations or recommendations, under or for the purposes of any enactment or scheme administered by the body with respect to rights, privileges, benefits, obligations, penalties or other sanctions to which members of the public are or may be entitled or subject..."

Section 16 also provides that such a publication shall be updated every three years or after any significant alterations to the relevant rules or procedures and that such publication may be delivered through electronic means. In accordance with the requirements of section 16, details of the up to date review procedures and the liaison arrangements are now being made available on the Commissioner's website - www.oic.ie. Copies of this publication are also available from this Office on request.

The Information Commissioner conducts reviews, under section 34 of the FOI Acts, of decisions made by public bodies under the FOI Acts. There are very few rules, procedures etc. governing how the Commissioner and her staff conduct such reviews. The FOI Acts provide that the procedure for conducting a review shall be such as the Commissioner considers appropriate in all the circumstances of the case. They also provide that the procedures should be as informal as is consistent with the due performance of the Commissioner's functions.

The Office has developed a set of procedures for the conduct of reviews which are considered to be appropriate to most cases. It has also a set of liaison arrangements with public bodies which come within the ambit of the FOI Acts. These are contained in this section 16 publication.

Section 16 of the FOI Acts also refers to the publication by a public body of an index of any precedents kept by it. The Commissioner makes her most significant decisions available on the Office website. While these decisions are not precedents in the sense that they bind the Commissioner in making future decisions, the Commissioner will generally follow the reasoning in earlier decisions. In addition, they are referred to by the Commissioner, where appropriate, in arriving at decisions in later cases and are also made available in order to provide guidance to public bodies and to users of the FOI Acts as to the Commissioner's approach to the interpretation of the Acts in particular circumstances.

Yours sincerely

Patrick Whelan's Signature

_________________

Patrick Whelan
Director General
June 2005

PROCEDURES FOR THE CONDUCT OF REVIEWS UNDER SECTION 34 OF THE FREEDOM OF INFORMATION ACTS, 1997 AND 2003

This set of procedures has been developed for the guidance of staff in relation to the conduct of reviews by the Information Commissioner under section 34 of the Freedom of Information Act, 1997 as amended by the Freedom of Information (Amendment) Act, 2003 ("the FOI Acts"). These procedures are published for the benefit of the public and of all involved in the use of the FOI Acts. The procedures are aimed at ensuring consistency and fairness in our approach to dealing with reviews. Any significant departure from the practice outlined here will only be made with the knowledge of a Senior Investigator in the Office and, if necessary, of the Director General. In all circumstances, the Office will aim to ensure that the approach adopted by the Office is fair, and seen to be fair, to all the parties concerned.

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