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FOI Bodies
From Office of the Information Commissioner (OIC)
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The FOI Act 2014 applies to all public bodies (or FOI bodies) that conform to the definition of a public body in section 6 of the Act, unless they are specifically exempt, partially exempt or partially excluded under the provisions of section 42 or Schedule 1 of the Act.
Under section 6(7) of the FOI Act, where a dispute arises between the Commissioner and any entity as to whether the definition of a public body applies (or as to the conditions arising), the dispute must be submitted to the Minister for Public Expenditure and Reform who will determine the matter.
The Commissioner has provided his view with regard to whether certain entities are public bodies under the Act. Where there has been a dispute between the Commissioner and the entity concerned, the matter has been submitted to the Minister for determination. See further below:
Date of Determination: 22 November 2017
- Note: In 2018, the OIC was informed that the Minister had re-opened his determination in this matter. His revised determination remains outstanding
Date of Determination: 15 June 2018
Date of Referral to Minister: 23 January 2019
Date of Referral to Minister: 8 January 2020
Bar Council (General Council of the Bar of Ireland) 25 February 2016
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Coroner (Dublin District Coroner, Laois Coroner & Cavan Coroner) 20 March 2017
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Royal Institute of Architects of Ireland (RIAI) 21 December 2017
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Education Training Boards Ireland (ETBI) 20 March 2018
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Professional Development Service for Teachers (PDST) 21 August 2018
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Date of Commissioner’s Consideration: 2 October 2018
Date of Commissioner’s Consideration: 2 April 2019
Date of Commissioner’s Consideration: 18 February 2020
Date of Commissioner’s Consideration: 3 March 2020
Irish Horseracing Regulatory Board (IHRB) 3 March 2020
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Date of Commissioner’s Consideration: 21 October 2021
Date of Commissioner’s Consideration: 18 February 2022
North Connacht & Ulster Citizen Information Service 18 February 2022
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Date of Commissioner’s Consideration: 6 December 2024
The Minister for Public Expenditure & Reform has published a Dispute Resolution Policy and Procedure for resolving issues raised under section 6(7) of the FOI Act where a dispute arises over whether an entity is a public body for the purposes of the Act in accordance with section 6(1), or the conditions arising by virtue of that subsection.