S.I. No. 128/2001 - Freedom of Information Act, 1997 (Prescribed Bodies) (No. 3) Regulations, 2001

I, Charlie McCreevy, Minister for Finance, in exercise of the powers conferred on me by section 3 of the Freedom of Information Act, 1997 (No. 13 of 1997), and to the extent that these Regulations relate to the functions of the Minister for Enterprise, Trade and Employment, with the consent of that Minister, hereby make the following regulations with respect to which, pursuant to section 3(3) of that Act, a draft has been laid before each House of the Oireachtas and a resolution approving of the draft has been passed by each such House:

1. These Regulations may be cited as the Freedom of Information Act, 1997 (Prescribed Bodies) (No. 3) Regulations, 2001.

2. These Regulations shall come into operation with effect from 21st January, 2001.

3. (1) Subject to paragraphs (2) and (3) of this Regulation, the Labour Relations Commission shall stand prescribed for the purposes of paragraph 1(5) of the First Schedule to the Freedom of Information Act, 1997 (No. 13 of 1997).

(2) Subject to paragraph (3) of this Regulation, the Freedom of Information Act, 1997 , shall apply to the Labour Relations Commission only as respects the functions of the body which are specified in Schedule 1.

(3) For the purposes of these Regulations the functions specified in Schedule 1 shall be deemed not to include any of the matters specified in Schedule 2.

SCHEDULE 1

1.	Management.
2.	Administration.
3.	Finance.
4.	Communications.
5.	Making of contracts of or for service with any person, company or other body.
6.	Making of policies.
7.	Promotion of improvement in industrial relations.
8.	General administration in relation to the provision of a conciliation service and in relation to the provision of assistance in the prevention and settlement of trade disputes.
9.	General administration in relation to the provision of an industrial relations advisory service.
10.	Preparation of codes of practice relevant to industrial relations.
11.	General administration in relation to the giving of guidance on codes of practice and assistance in the resolution of disputes concerning their implementation.
12.	Selection and nomination of persons for appointment as rights commissioners and provision of staff and facilities for the rights commissioner service.
13.	General administration in relation to the operation of the rights commissioner service within the meaning of section 35 of the Industrial Relations Act, 1990 .
14.	Conduct or commission of research into matters relevant to industrial relations.
15.	Review and monitoring of general developments in the area of industrial relations.
16.	General administration in relation to the provision of assistance to joint labour committees and joint industrial councils in the exercise of their functions.
17.	General administration in relation to the functions described in section 25(2) of the Industrial Relations Act, 1990 .
18.	Advice in relation to section 25(4) of the Industrial Relations Act, 1990 .

SCHEDULE 2

1. The provision of services to or in respect of particular trade disputes or to particular employers, trade unions, employer organisations, employees or their representatives, including in such circumstances -

(a) the provision of conciliation services,

(b) the provision of rights commissioner services, and

2. Communications within the Labour Relations Commission or between the Labour Relations Commission or its chief executive or any staff member and any other party, relating to activities referred to in paragraph 1 of this Schedule.

The Minister for Enterprise, Trade and Employment consents to the making of these Regulations.

	GIVEN under my Official Seal,
	this 29th day of March, 2001.
	Mary Harney
	Minister for Enterprise, Trade and Employment.

	GIVEN under my Official Seal,
	this 30th day of March, 2001.
	Charlie McCreevy
	Minister for Finance.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

These Regulations prescribe the Labour Relations Commission as a public body for the purposes of the Freedom of Information Act, 1997 (No. 13 of 1997) by its inclusion in subparagraph (5) of paragraph 1 of the First Schedule to that Act.

In accordance with section 3 subparagraph 5 of that Act, these Regulations provide that the Freedom of Information Act, 1997 shall apply to the Labour Relations Commission only as respects specified functions of the body.