Freedom of Information Act 2014
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Powers of Commissioner | ||
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45. (1) The Commissioner may, for the purposes of a review under section 22 or an investigation under section 44 — | ||
(a) require any person who, in the opinion of the Commissioner, is in possession of information, or has a record in his or her power or control, that, in the opinion of the Commissioner, is relevant to the purposes aforesaid to furnish to the Commissioner any such information or record that is in his or her possession or, as the case may be, power or control and, where appropriate, require the person to attend before him or her for that purpose, and | ||
(b) examine and take copies in any form of, or of extracts from any record that, in the opinion of the Commissioner, is relevant to the review or investigation and for those purposes take possession of any such record, remove it from the premises and retain it in his or her possession for a reasonable period. | ||
(2) The Commissioner may for the purposes of such a review or investigation as aforesaid enter any premises occupied by an FOI body and there— | ||
(a) require any person found on the premises to furnish him or her with such information in the possession of the person as he or she may reasonably require for the purposes aforesaid and to make available to him or her any record in his or her power or control that, in the opinion of the Commissioner, is relevant to those purposes, and | ||
(b) examine and take copies of, or of extracts from, any record made available to him or her as aforesaid or found on the premises. | ||
(3) Subject to subsection (4), no enactment or rule of law prohibiting or restricting the disclosure or communication of information shall preclude a person from furnishing to the Commissioner any such information or record, as aforesaid. | ||
(4) A person to whom a requirement is addressed under this section shall be entitled to the same immunities and privileges as a witness in a court. | ||
(5) The Commissioner may, if he or she thinks fit, pay to any person who, for the purposes of a review under section 22 , or an investigation under section 44 , attends before the Commissioner or furnishes information or a record or other thing to him or her— | ||
(a) sums in respect of travelling and subsistence expenses properly incurred by the person, and | ||
(b) allowances by way of compensation for loss of his or her time, | ||
of such amount as may be determined by the Minister. | ||
(6) Subject to this Act, the procedure for conducting a review under section 22 or an investigation under section 44 shall be such as the Commissioner considers appropriate in all the circumstances of the case and, without prejudice to the foregoing, shall be as informal as is consistent with the due performance of the functions of the Commissioner. | ||
(7) A person who fails or refuses to comply with a requirement under this section or who hinders or obstructs the Commissioner in the performance of his or her functions under this section shall be guilty of an offence and be liable on summary conviction to a class A fine or imprisonment for a term not exceeding 6 months or both. | ||
(8) Where an FOI body fails to comply with a binding decision of the Commissioner under this Act, the Information Commissioner may apply to the court for an order to oblige the FOI body to comply with the decision. | ||
(9) This section does not apply to a record in respect of which a certificate under section 34 is in force. | ||
(10) Subsection (2) shall not apply to— | ||
(a) information, documents or things designated by regulations made under section 126 (1)(a) of the Garda Síochána Act 2005 , or | ||
(b) Garda Síochána stations designated by regulations made under section 126 (1)(b) of the Garda Síochána Act 2005 , | ||
except to the extent specified in a direction of the Minister for Justice and Equality. | ||
(11) In deciding where to issue a direction under subsection (10) the Minister shall take into account the public interest. | ||
(12) The Commissioner shall comply with the provisions on professional secrecy in— | ||
(a) the Rome Treaty, | ||
(b) the ESCB Statute, or | ||
(c) any of the Supervisory Directives, | ||
(within the meaning of the Central Bank Act 1942 ) in holding and dealing with information contained in records provided to him or her by the Bank under this Act. |