S.I. No. 325/1998 - Rules of the Superior Courts (No. 3) (Freedom of Information Act, 1997), 1998

S.I. No. 325 of 1998.

RULES OF THE SUPERIOR COURTS (NO. 3) (FREEDOM OF INFORMATION ACT, 1997), 1998

We, the Superior Courts Rules Committee, constituted pursuant to the provisions of the Courts of Justice Act, 1936 , section 67, and reconstituted pursuant to the provisions of the Courts of Justice Act, 1953 , section 15, by virtue of the powers conferred upon us by the Courts of Justice Act, 1924 , section 36, and the Courts of Justice Act, 1936 , section 68 (as applied by the Courts (Supplemental Provisions) Act, 1961 , section 48), and the Courts (Supplemental Provisions) Act, 1961 , section 14, and of all other powers enabling us in this behalf, do hereby make the annexed Rules of Court.

Dated this 26th day of March, 1998.

I concur in the making of the annexed Rules of Court.

Dated this 8th day of September, 1998.

Seán O'Donnchú

Aire Dli agus Cirt

Comhionannais agus Athchoirithe Dli.

S.I. No. 325 of 1998.

RULES OF THE SUPERIOR COURTS (NO. 3) ( FREEDOM OF INFORMATION ACT, 1997 ), 1998

1. The following order shall be inserted as Order 130 of the Rules of the Superior Courts:

"Order 130

Freedom of Information Act, 1997

1. In this Order:

"the Act" means the Freedom of Information Act, 1997 ;

"the Commissioner" means the Information Commissioner as defined by the Act;

"decision" includes the issue of a certificate under section 25 of the Act.

2. An appeal to the Court pursuant to section 42(1), section 42(2) or section 42(3) shall be brought by way of originating notice of motion.

3. The notice of motion shall be issued within four weeks after notice of the decision concerned is given to the person bringing the appeal. The notice of motion shall be served upon the Commissioner and upon any other person affected by the decision the subject matter of the appeal. Service shall be effected by ordinary pre-paid post.

4. The notice of motion shall be entitled "In the matter of the Freedom of Information Act, 1997 " and on the application of the appellant.

5. Every notice of motion bringing an appeal shall be grounded upon the affidavit of the appellant which shall:

(a) state the nature of the decision against which the appeal is brought;

(b) exhibit a copy of the decision, if any;

(c) state the grounds of the appeal and the point of law, where appropriate;

(d) state the nature of the direction or order sought from the Court;

(e) exhibit all relevant documentation; and

(f) specify whether the appellant is requesting that the appeal be heard otherwise than in public.

6. An appeal brought pursuant to section 42(1), (2) or (3) shall be heard and determined upon affidavit unless the Court otherwise directs, and the Court may give such directions as to the giving of oral evidence as appear appropriate in the circumstances.

7. Any question of law referred to the Court by the Commissioner pursuant to section 42(5) shall be brought by way of a case stated entitled "In the matter of the Freedom of Information Act, 1997 , and on the reference of the Commissioner under section 42(5)". The case stated shall be signed by or on behalf of the Commissioner and shall be served on all parties to the review under section 34.

8. The said case stated shall contain a statement of the facts found by the Commissioner insofar as they are relevant to the reference to the Court and shall state concisely the question of law referred for determination by the Court. The case stated shall have annexed to it:

(a) the written decision, if any, in respect of which the review pursuant to section 34 was sought;

(b) the application for a review pursuant to section 34 where such application was in writing;

(c) all other relevant documentation.

9. Any party to an appeal under section 42(1), (2) or (3) or to a reference under section 42(5) may, either by affidavit or by letter in writing or at the hearing, request that the Court take precautions to prevent disclosure to the public or, if appropriate, to a party, of information referred to at section 43(1)(a) and (b) of the said Act. The Court shall take all such reasonable precautions as it thinks fit for the purposes of section 43 of the Act whether or not any such precautions have been requested by the parties or any of them."

2. This rule shall come into operation on the 21st day of September, 1998.

3. This rule shall be construed together with the Rules of the Superior Courts, 1986 to 1998 and may be cited as the Rules of the Superior Courts (No. 3) ( Freedom of Information Act, 1997 ), 1998.

EXPLANATORY NOTE

These Rules come into operation on 21st day of September, 1998 and make provision in regard to applications and appeals to the High Court under the Freedom of Information Act, 1997 .