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.
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 |