Ireland: report published on Review of Non-Disclosure Provisions

Taken from the Irish ICO website:

December 2005 Report to Joint Oireachteas Committee on Finance and the Public Service
Report of the Information Commissioner to the Joint Committee on Finance and the Public Service for the purpose of Review of Non-Disclosure Provisions in accordance with The Freedom of Information Act, 1997 [section 32]

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.