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Ballraíocht Ar | Déan Teagmháil Linn

Advice

This section is here to give you access to advice that we have regarding the Freedom of Information Act.

The Attorney General’s Office Advice

The Central Policy Unit, when required contacts the Attorney General for advice in areas of administration relating to FOI. The advices when sought cannot be circulated but we can provide details regarding the actions or direction that FOI bodies need to take arising out of these advices. There are a number of pieces of advice which have been obtained in the context of the Freedom of Information Act 1997  and these will be listed in due course. While these relate to the previous legislation they may have relevance to the current act.If you are looking for advice on an issue you should review this table and contact the CPU quoting the relevant advice and we will review this to see if it is still relevant or if it requires updating by the AGO.

An index of newly obtained advice under the Freedom of Information Act 2014 will be listed here in due course.

AG ADVICE Index

Ref. No. Section /
Subsection
Date of
Advice
Subject matter
AG 0014 Section 15 04 September 2015 Advice sought regarding the power under Section 15(2)(b) of the Freedom of Information Act 2014 to charge individuals for statements of results of examinations
AG 0015 Section 15 19 October 2015 Advice sought if requesting all FOI’s issued in a defined period can be regarded as a Frivolous and vexatious request within the meaning of Section 15
AG 0016 Section 21
Section 22
Section 42
12 November 2016 Advice regarding a decision to refuse a request on the grounds that the records are exempt pursuant to Section 42(1)(b) by a person to whom a function has been delegated pursuant of Section 20 of the Act,
–          right of requester to seek an internal review of the decision pursuant of Section 21
–          right of requester to seek to seek external review by the OIC pursuant of Section 22
AG 0017 Section 2
Section 11(9)
14 January 2016 Advice regarding the Definition of “Service provider” in the Freedom of Information Act 2014
            
AG 0018 Section 2 24 March 2016 Advice sough regarding the inclusion of Irish Water under the Freedom of Information Act 2014 from the date of legal establishment – 17 July 2013
AG 0019 Schedule 3 28 April 2016 Advice sought regarding a request for the NSAI to be included in schedule 3 of the Freedom of Information Act 2014 under Section 3 of the Act.
AG 0020 Section 6 5 May 2016 Advice regarding whether
–          returning officers are subject to the Freedom of Information Act 2014
–          County Sheriffs are subject to the Freedom of Information Act 2014
AG 0021
 
Section 9 24 June 2016 Amendment of personal information and Gender Recognition Act 2015
–          amendment of records personal records regarding gender change
–          gender recognition certificate as evidence of gender change
–          change of name on a record if it is the same as on a gender recognition certificate
–          Date of amendment in line with gender recognition certificate
AG 0022
 
Section 8 13 July 2016 Updating the Model Publication Scheme
–          in keeping with Circular PER 02 2016 thresholds related to the procurement of ICT goods and services.

 

Advice on the Freedom of Information Act 1997 as amended.

If you are still dealing with a request/appeal prior to 14th October 2014 under the 1997 Act and you need access to guidance under the old act please contact the Central Policy Unit (CPU) email: cpu@per.gov.ieAccess to records by parents /guardians and Access to records relating to deceased persons under section 38(8) of the Freedom of Information Act 2014New Regulations in relation to Section 38(8) of the FOI Act (Records of the Deceased) have been issued.These Regulations relate to access to records of deceased persons and rescind S.I. 387of 2009.S.I. 218 of 2016 correct issues that arose in respect of the order of requesters in terms of right of access putting it in line with succession acts.  SI 218 of 2016  was laid before the Houses of the Oireachtas on the 06/05/2016. Any actions commenced under the 2009 Regulations (S.I. No. 387 of 2009) shall continue to be performed and completed under this S.I.  Any requests received from the 6th May, 2016 shall be completed under the new S.I. 218 of 2016.Link to the S.I. https://foi.gov.ie/s-i-no-218-of-2016-freedom-of-information-act-2014-section-378/Please continue to use the Guidance Notes below until further notice.Guidance Notes Sept 09SI 387 of 2009 (S28(6))