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Freedom of Information Legislation

Dáil Éireann Debate, Tuesday - 16 October 2018

Tuesday, 16 October 2018

Ceisteanna (186)

Clare Daly

Ceist:

186. Deputy Clare Daly asked the Minister for Public Expenditure and Reform the avenues open to a person when the Office of the Information Commissioner releases a decision on a review which contains mistakes or inaccuracies that could have impacted on the decision; if there is an option to appeal other than the High Court; and if he will make a statement on the matter. [41997/18]

Amharc ar fhreagra

Freagraí scríofa

The Freedom of Information Act 2014 provides that a formal decision by the Office of the Information Commissioner (OIC) is conclusive and binding on all parties concerned, including the public body, the requester, as well as any third parties. The OIC is independent in the performance of its functions, and has extensive powers to make necessary inquiries and obtain copies of records for the purposes of a review. In order to ensure the effective operation of the FOI system, it is important that the OIC must be entitled to bring finality to its reviews when satisfied that it is appropriate to do so. Where a party to a review is dissatisfied with the outcome, they may appeal to the High Court on a point of law, which is the appropriate means by which to challenge a decision of the OIC. It should also be noted that there is nothing to prevent a requester from making further FOI requests for any additional records that have not already been released to them.

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