S.I. No. 144/2015 - Freedom of Information Act 2014 (Exempted Public Bodies) Order 2015.

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 24th April, 2015.

I, BRENDAN HOWLIN, Minister for Public Expenditure and Reform, in exercise of the powers conferred on me by section 6 (5) of the Freedom of Information Act 2014 (No. 30 of 2014), with the consent of the Minister for Arts, Heritage and the Gaeltacht, the Minister for Defence, the Minister for Education and Skills, the Minister for Finance and the Minister for Transport, Tourism and Sport, hereby make the following order, a draft of which has been laid before each House of the Oireachtas and a resolution approving of the draft has been passed by each such House:

Citation

1. This Order may be cited as the Freedom of Information Act 2014 (Exempted Public Bodies) Order 2015.

Definitions

2. In this Order—

“Act of 1998” means the Education Act 1998 (No. 51 of 1998);

“Act of 2003” means the Official Languages Act 2003 (No. 32 of 2003);

“Act of 2014” means the Freedom of Information Act 2014 (No. 30 of 2014).

Application of section 6(1) of Freedom of Information Act 2014

3. (1) Section 6(1) of the Act of 2014 shall not apply to the bodies specified in Part 1 of the Schedule to the extent specified in that Schedule.

(2) Section 6(1) of the Act of 2014 shall not apply to the bodies specified in Part 2 of the Schedule.

(3) A reference to a body in paragraph (1) or (2) includes—

(a) any subsidiary of, and

(b) any body directly or indirectly controlled by,

that body.

Schedule

Part 1

(a) Oifig Choimisinéir na dTeangacha Oifigiúla, insofar as it relates to records concerning—

(i) its monitoring of compliance by public bodies, within the meaning of the Act of 2003, with their obligations under that Act, or

(ii) an investigation by the Commissioner under the Act of 2003;

(b) the National Treasury Management Agency—

(i) insofar as it relates to records concerning the performance of its functions under Part 5 of the National Treasury Management Agency (Amendment) Act 2014 (No. 23 of 2014), save as regards records concerning the general administration of those functions, and

(ii) in the performance of its functions conferred under the Strategic Banking Corporation of Ireland Act 2014 (No. 22 of 2014) insofar as it relates to records concerning the following:

(I) providers or potential providers of finance (including loans) to the Strategic Banking Corporation of Ireland or to any project, fund or other entity managed or promoted by the Strategic Banking Corporation of Ireland;

(II) companies, firms, funds or any other entities to which the Strategic Banking Corporation of Ireland has provided finance (including loans) or could potentially provide finance (including loans) and customers or potential customers of such companies, firms, funds or other entities;

(III) market counterparties or potential market counterparties of the Strategic Banking Corporation of Ireland;

(c) the Strategic Banking Corporation of Ireland in the performance of its functions conferred under the Strategic Banking Corporation of Ireland Act 2014 (No. 22 of 2014) insofar as it relates to records concerning the following:

(I) providers or potential providers of finance (including loans) to the Strategic Banking Corporation of Ireland or to any project, fund or other entity managed or promoted by the Strategic Banking Corporation of Ireland;

(II) companies, firms, funds or any other entities to which the Strategic Banking Corporation of Ireland has provided finance (including loans) or could potentially provide finance (including loans) and customers or potential customers of such companies, firms, funds or other entities;

(III) market counterparties or potential market counterparties of the Strategic Banking Corporation of Ireland;

Part 2

(a) a recognised school within the meaning of section 10 of the Act of 1998 (other than a recognised school established or maintained by an education and training board) in respect of which a board of management, within the meaning of section 14 of the Act of 1998, does not stand appointed;

(b) Shannon Group;

(c) Irish Red Cross.

The Minister for Arts, Heritage and the Gaeltacht consents to the making of the foregoing Order.

GIVEN under my Official Seal,

8 April 2015.

HEATHER HUMPHREYS,

Minister for Arts, Heritage and the Gaeltacht.

The Minister for Defence consents to the making of the foregoing Order.

GIVEN under my Official Seal,

2 April 2015.

SIMON COVENEY,

Minister for Defence.

The Minister for Education and Skills consents to the making of the foregoing Order.

GIVEN under my Official Seal,

2 April 2015.

JAN O’SULLIVAN,

Minister for Education and Skills.

The Minister for Finance consents to the making of the foregoing Order.

GIVEN under my Official Seal,

2 April 2015.

MICHAEL NOONAN,

Minister for Finance.

The Minister for Transport, Tourism and Sport consents to the making of the foregoing Order.

GIVEN under my Official Seal,

13 April 2015.

PASCHAL DONOHOE,

Minister for Transport, Tourism and Sport.

GIVEN under my Official Seal,

2015.

BRENDAN HOWLIN,

Minister for Public Expenditure and Reform.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

The purpose of this Order is to provide an exemption or part-exemption from FOI under the Freedom of Information Act 2014 , for the bodies listed in the Schedule to the Order. Bodies listed in Part 1 of the Schedule are to become subject to FOI in part, to the extent detailed in Part 1 of the Schedule. Bodies listed in Part 2 of the Schedule are to be exempt from FOI in full.