Dáil Éireann Debate, Tuesday - 16 October 2018
185. Deputy Clare Daly asked the Minister for Public Expenditure and Reform the way in which and with whom responsibility lies for investigations regarding a breach of section 52 of the Freedom of Information Act 2014; and if he will make a statement on the matter. [41996/18]
View answerPer section 43(3) of the Freedom of Information Act 2014, the Office of the Information Commissioner (OIC) is independent. I am therefore not entitled to comment on the manner in which the OIC has exercised its functions in any particular set of circumstances.
Section 52 of the 2014 Act creates a criminal offence in relation to the deliberate destruction or alteration of records with an intent to deceive while these same records are the subject of an FOI request.
It may be appropriate in the first instance to raise an alleged breach of section 52 with the organisation concerned, and to provide any evidence to support the allegation. The body itself may be best placed to initiate an investigation into relevant matters, if there is a sufficient evidential basis for it to do so. Depending on the outcome of the investigation, the organisation may be entitled to take actions including appropriate disciplinary steps, or if warranted to refer the matter to An Garda Síochána for further investigation.
Alternatively, were the OIC to find evidence of a breach of section 52 in the course of a review, it would be entitled to refer the matter to An Garda Síochána for further investigation. However, I should again emphasise that owing to its statutory independence the question of whether or not it is appropriate to take this step in a particular case is a matter solely for the OIC to determine. The 2014 Act does not confer a role on the OIC to bring or prosecute criminal proceedings in relation to a breach of section 52.
Finally, given that a contravention of section 52 is a criminal matter, it could be raised directly with An Garda Síochána. Any evidence of the alleged breach could also be provided. Again, it would be a matter for An Garda Síochána to take such steps as are appropriate in the circumstances, having regard to the available evidence.
