Decision
Mr Y and An Garda Síochána
From Office of the Information Commissioner (OIC)
Case number: OIC-98884-R5M6P1
Published on
From Office of the Information Commissioner (OIC)
Case number: OIC-98884-R5M6P1
Published on
Whether AGS was justified in refusing the applicant’s request for records relating to a certain incident on the ground that the records sought are not subject to the FOI Act, pursuant to Schedule 1, Part1(n) of the FOI Act
30 November 2020
In a request dated 30 August 2020, the applicant sought access to records relating to a tragic incident, including notes and videotapes taken by AGS and CCTV footage relating to the incident. On 3 September 2020, AGS refused the applicant’s request on the ground that the records sought fall outside the scope of the FOI Act. The applicant sought an internal review of that decision on 15 September 2020, following which AGS affirmed its original decision. On 27 October 2020, the applicant sought a review by this Office of the refusal of his request.
I have now completed my review in accordance with section 22(2) of the FOI Act. In carrying out my review, I have had regard to the correspondence between the applicant and AGS as outlined above and to correspondence between this Office and both parties on the matter. I have decided to conclude this review by way of a formal, binding decision.
This review is concerned solely with whether AGS was justified in refusing to grant access to the records sought by the applicant on the ground that the FOI Act does not apply in respect of the records sought.
Section 6(2) of the FOI Act provides that an entity specified in Schedule 1, Part 1 of the Act shall, subject to the provisions of that Part, be a public body for the purposes of the Act. Schedule 1, Part 1 contains details of bodies that are partially included for the purposes of the Act and also details of the certain specified records that are excluded. If the records sought come within the descriptions of the exclusions in Part 1, then the Act does not apply and no right of access exists.
Schedule 1, Part 1(n) provides that AGS is not a public body for the purposes of the FOI Act other than in relation to administrative records relating to human resources, or finance or procurement matters. In other words, the only records held by AGS that are subject to the FOI Act are those that relate to administrative matters concerning human resources, finance, or procurement. In accordance with Part 1(n), all other records held by AGS are excluded.
In its submission to this Office, AGS stated that the information sought by the applicant relates to operational policing matters and not to administrative matters. Having regard to the nature of the request and the description of the records sought, I am satisfied that the records concern the core function of AGS, as opposed to administrative matters relating to human resources, or finance or procurement. Records relating to the core functions of AGS, such as operational policing matters, are outside the ambit of the Act. Accordingly, I find that AGS was justified in its decision to refuse access to the records sought on the ground that they are specifically excluded from the scope of the FOI Act, pursuant to Schedule 1, Part(1)(n) of the Act.
Having carried out a review under section 22(2) of the FOI Act, I hereby affirm the decision of AGS in this case.
Section 24 of the FOI Act sets out detailed provisions for an appeal to the High Court by a party to a review, or any other person affected by the decision. In summary, such an appeal, normally on a point of law, must be initiated not later than four weeks after notice of the decision was given to the person bringing the appeal.
Stephen Rafferty
Senior Investigator