Policing, Security and Community Safety Act 2024

Amendment of Freedom of Information Act 2014

292. The Freedom of Information Act 2014 is amended—

(a) in section 2(1), in the definition of “head of an FOI body”, by the substitution of the following paragraph for paragraph (o):

“(o) in relation to Fiosrú - Oifig an Ombudsman Póilíneachta, the Police Ombudsman, and”,

(b) in section 42—

(i) in paragraph (d), by the insertion of “prior to the repeal of that section by section 5 of the Policing, Security and Community Safety Act 2024” after “ Garda Síochána Act 2005 ”, and

(ii) by the insertion of the following paragraphs after paragraph (d):

“(da) a record relating to an inquiry within the meaning of Chapter 8 of Part 2 of the Policing, Security and Community Safety Act 2024, whether the record concerned is held by—

(i) an appointed person (within the meaning of that Chapter), or

(ii) on the dissolution of the inquiry, any other body having custody of such a record,

other than—

(I) a record relating to the appointment of an appointed person (within the meaning of that Chapter), or

(II) a record relating to the expenses or other matters concerning the general administration of an inquiry under that Chapter,

(db) a record held or created by the Independent Examiner of Security Legislation,”,

(c) in section 45, by the substitution of the following subsection for subsection (10):

“(10) Subsection (2) shall not apply to—

(a) information, documents or things, or classes thereof prescribed by regulations under paragraph (a) of section 260 of the Policing, Security and Community Safety Act 2024, or

(b) Garda Síochána premises prescribed by regulations under paragraph (b) of that section,

except to the extent specified in a direction of the Minister for Justice.”,

and

(d) in Schedule 1, in Part 1—

(i) in paragraph (m), by the substitution of “Police Ombudsman” for “Garda Síochána Ombudsman Commission”,

(ii) in paragraph (n), by the substitution of “or procurement matters, or records transferred to the Garda Síochána under section 159 (2) of the Policing, Security and Community Safety Act 2024” for “or procurement matters”,

(iii) by the substitution of the following paragraph for paragraph (o):

“(o) An tÚdarás Póilíneachta agus Sábháilteachta Pobail, insofar as it relates to records concerning an inspection (within the meaning of Part 4 of the Policing, Security and Community Safety Act 2024);”,

(iv) by the substitution of the following paragraph for paragraph (y):

“(y) the Police Ombudsman, insofar as it relates to records concerning an investigation carried out by the Police Ombudsman under Part 6 of the Policing, Security and Community Safety Act 2024;”,

(v) in paragraph (an), by the substitution of “functions;” for “functions.”, and

(vi) by the insertion of the following paragraphs after paragraph (an):

“(ao) Bord an Gharda Síochána, other than insofar as it relates to administrative records relating to human resources, finance or procurement matters;

(ap) the Independent Examiner of Security Legislation in the performance of his or her functions under the Policing, Security and Community Safety Act 2024 or any other enactment, other than insofar as it relates to records concerning the general administration of those functions.”.