The 2014 Freedom Of Information Act made significant changes to the process by which it is determined whether FOI applies to an entity. Rather than setting out a definitive list of the bodies to which the legislation applies, the Act instead listed the criteria by which it may be determined which bodies are subject to the Act.
In instances where a body has formed the view that FOI does not apply to it, but the Office of the Information Commissioner disagrees, then the matter may be referred to my Department in order to resolve the dispute.
A policy was subsequently put in place in order to give effect to this dispute resolution role but has proven challenging to implement.
My officials have now begun reviewing the Dispute Resolution Policy in order to ensure more timely and effective handling of dispute resolution processes in a manner that enables my Department undertake a thorough examination of all of the relevant issues before arriving at a decision. It is my intention that this review should be concluded in the coming weeks and a revised policy will be prepared as appropriate. The cases referenced will be addressed when a revised policy is put in place.