22/12/05: Tuarascáil don Choiste um Airgeadais agus an tSeirbhís Phoiblí

pdf File icon   22/12/05 Section 32 Report pdf (pdf, 233 kb)
pdf Version of Section 32 Report of 22/12/05

Foreword

Foreword

Section 32 of the Freedom of Information Act, 1997 (FOI Act) provides for refusal of access to certain records whose disclosure is prohibited, or non-disclosure authorised, by other enactments. This is a very important provision because, essentially, it subordinates the access provisions of the FOI Act to all non-disclosure provisions in statute except for those which are contained in the Third Schedule to the FOI Act.

Each Minister of the Government has provided a report to the Joint Committee on Finance and the Public Service on the enactments, within their respective areas of remit, which contain provisions authorising, or requiring, the non-disclosure of particular records. In accordance with section 32(4) of the FOI Act, each Minister has provided me with a copy of that report. Pursuant to section 32(5) of the FOI Act, I now present my opinions and conclusions relating to those reports. Where appropriate, I include my views on matters associated with the reports and on the general operation of section 32.

 

 Emily O'Reilly

Information Commissioner

22 December 2005

Introduction

FOI Principles and Assumptions

Interaction of FOI Act & Non-Disclosure Provisions

EU Law

Comments on Reports of Individual Departments: Approach

Agriculture & Food

Arts, Sport & Tourism

Communications, Marine & Natural Resources

Community, Rural & Gaeltacht Affairs

Defence

Education & Science

Enterprise, Trade & Employment

Environment, Heritage & Local Government

Finance

Foreign Affairs

Health & Children

Justice, Equality & Law Reform

Social & Family Affairs

An Taoiseach

Transport

pdf File icon   Tables (pdf, 56 kb)

The following tables are included in the pdf attached:
Table1. Non-Disclosure Provisions Recommended for Inclusion in Third Schedule by Departments

Table 2. Non-Disclosure Provisions Recommended for Exclusion from Third Schedule by Departments

Table 3 Non-Disclosure Provisions Included in Third Schedule [Existing]

pdf File icon   Appendix 1 (pdf, 100 kb)
Letter From Office of the Information Commissioner to Department of Finance 29/09/05

pdf File icon   Appendix 2 (pdf, 63 kb)
Reply from Department of Finance to Office of Information Commissioner 14/10/05

pdf File icon   Appendix 3 (pdf, 17 kb)
Letter from Office of the Information Commissioner to Department of Finance 21/11/05