Freedom of Information Act, 1997

Right of person to information regarding acts of public bodies affecting the person.

18.—(1) The head of a public body shall, on application to him or her in that behalf, in writing or in such other form as may be determined, by a person who is affected by an act of the body and has a material interest in a matter affected by the act or to which it relates, not later than 4 weeks after the receipt of the application, cause a statement, in writing or in such other form as may be determined, to be given to the person—

(a) of the reasons for the act, and

(b) of any findings on any material issues of fact made for the purposes of the act.

(2) Nothing in this section shall be construed as requiring—

(a) the giving to a person of information contained in an exempt record, or

(b) the disclosure of the existence or non-existence of a record if the non-disclosure of its existence or non-existence is required by this Act.

(3) Subsection (1) shall not apply to—

(a) a decision of the Civil Service Commissioners pursuant to subparagraph (d) or (e) of section 17 (1) of the Civil Service Commissioners Act, 1956 , not to accept a person as qualified for a position referred to in that section, or

(b) a decision of the Local Appointments Commissioners made by virtue of section 7 (3) of the Local Authorities (Officers and Employees) Act, 1926 , not to recommend a person to a local authority for appointment to an office referred to in that section,

if, in the opinion of the head concerned, the giving of a statement under subsection (1) in relation to the decision would be likely to prejudice the effectiveness of the process for selecting a person for appointment to the position or office.

(4) If, pursuant to subsection (2) or (3), the head of a public body decides not to cause a statement to be given under subsection (1) to a person, the head shall, not later than 4 weeks after the receipt of the application concerned under subsection (1), cause notice, in writing or in such other form as may be determined, of the decision to be given to the person.

(5) For the purposes of this section a person has a material interest in a matter affected by an act of a public body or to which such an act relates if the consequence or effect of the act may be to confer on or withhold from the person a benefit without also conferring it on or withholding it from persons in general or a class of persons which is of significant size having regard to all the circumstances and of which the person is a member.

(6) In this section—

“act”, in relation to a public body, includes a decision (other than a decision under this Act) of the body;

“benefit”, in relation to a person, includes—

(a) any advantage to the person,

(b) in respect of an act of a public body done at the request of the person, any consequence or effect thereof relating to the person, and

(c) the avoidance of a loss, liability, penalty, forfeiture, punishment or other disadvantage affecting the person.