FOI Bodies

The FOI Act 2014 applies to all public bodies (or FOI bodies) that conform to the definition of a public body in section 6 of the Act, unless they are specifically exempt, partially exempt or partially excluded under the provisions of section 42 or Schedule 1 of the Act.

 

Disputes as to Whether an Entity is a Public Body

Under section 6(7) of the FOI Act, where a dispute arises between the Commissioner and any entity as to whether the definition of a public body applies (or as to the conditions arising), the dispute must be submitted to the Minister for Public Expenditure and Reform who will determine the matter. 

The Commissioner has provided his view with regard to whether certain entities are public bodies under the Act.  Where there has been a dispute between the Commissioner and the entity concerned, the matter has been submitted to the Minister for determination.  See further below:

Bodies deemed to be Public Bodies following Minister’s Determination Date of Determination
Office of the Secretary General to the President*

*Note: In 2018, the OIC was informed that the Minister had re-opened his determination in this matter.
 His revised determination remains outstanding
 
22 November 2017
Bodies deemed NOT to be Public Bodies following Minister’s Determination Date of Determination
Plassey Campus Centre CLG 15 June 2018
Bodies Awaiting Determination by the Minister 
(the Commissioner having considered these Bodies to be Public Bodies)
Date of Referral to Minister
Carlow Arts Centre Ltd t/a Visual 23 January 2019
Kilkenny Abbey Quarter Development Ltd 8 January 2020
Bodies considered not to be Public Bodies by the Information Commissioner Date of Commissioner’s Consideration
Bar Council (General Council of the Bar of Ireland) 25 February 2016
Coroner (Dublin District Coroner, Laois Coroner & Cavan Coroner) 20 March 2017
Education Training Boards Ireland (ETBI)  20 March 2018
Galway University Foundation CLG 9 January 2018
Honourable Society of King’s Inns 2 April 2019
Institute of Public Health 2 October 2018
Irish Horseracing Regulatory Board (IHRB) 3 March 2020
Irish Management Institute 22 September 2017
Kilkenny LEADER Partnership 18 February 2020
Law Society of Ireland 15 February 2016
Professional Development Service for Teachers (PDST) 21 August 2018
Property Arbitrator 12 April 2016
Referendum Returning Officer (Dublin) 18 April 2016
SAGE - Support and Advocacy Service 16 April 2018

Further Information
 

The Minister for Public Expenditure & Reform has published a Dispute Resolution Policy and Procedure for resolving issues raised under section 6(7) of the FOI Act where a dispute arises over whether an entity is a public body for the purposes of the Act in accordance with section 6(1), or the conditions arising by virtue of that subsection.  

See https://foi.gov.ie/guidance/foi-body-dispute-policy/